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United States Statutes at Large/Volume 5/28th Congress/2nd Session/Chapter 1

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4185860United States Statutes at Large, Volume 5 — Public Acts of the Twenty-Eighth Congress, Second Session, Chapter 1United States Congress


Jan. 23, 1845.

Chapter I.An Act to establish a uniform time for holding elections for electors of President and Vice President in all the States of the Union.[1]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,Election day fixed. That the electors of President and Vice President shall be appointed in each State on the Tuesday next after the first Monday in the month of November of the year in which they are to be appointed: Provided, That each State may by law provide for the filling of any vacancyVacancies.
In case of no election.
or vacancies which may occur in its college of electors when such college meets to give its electoral vote: And provided, also, when any State shall have held an election for the purpose of choosing electors, and shall fail to make a choice on the day aforesaid, then the electors may be appointed on a subsequent day in such manner as the State shall by law provide.

Approved, January 23, 1845.


  1. Election of President and Vice President of the United States:

    Constitution of the United States, art. 2, sec. 1, vol, 1, 15, 16. Twelfth amendment to the constitution of the United States, vol. 1, 22.

    An act relative to the election of a President and Vice President of the United States, and declaring the officer who shall act as President in case of vacancies in the office of both President and Vice President; March 1, 1792, chap. 8.

    An act supplementary to the act entitled “An act relative to the election of a President and Vice President of the United States, and declaring the officer who shall act as President, in case of vacancies in the office of both President and Vice President; March 26, 1804, chap. 50.