Browse Arkansas Code titles and sections
3 U.S.C. § 5 — Certificate of ascertainment of appointment of electors
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—**
(1) **Certification.—** — Not later than the date that is 6 days before the time fixed for the meeting of the electors, the executive of each State shall issue a certificate of ascertainment of appointment of electors, under and in pursuance of the laws of such State providing for such appointment and ascertainment enacted prior to election day.
(2) **Form of certificate.—** — Each certificate of ascertainment of appointment of electors shall—
(A) set forth the names of the electors appointed and the canvass or other determination under the laws of such State of the number of votes given or cast for each person for whose appointment any and all votes have been given or cast;
(B) bear the seal of the State; and
(C) contain at least one security feature, as determined by the State, for purposes of verifying the authenticity of such certificate.
**(b) Transmission.—** It shall be the duty of the executive of each State—
(1) to transmit to the Archivist of the United States, immediately after the issuance of a certificate of ascertainment of appointment of electors and by the most expeditious method available, such certificate of ascertainment of appointment of electors; and
(2) to transmit to the electors of such State, on or before the day on which the electors are required to meet under section 7, six duplicate-originals of the same certificate.
**(c) Treatment of Certificate as Conclusive.—** For purposes of section 15:
(1) **In general.—**
(A) *Certificate issued by executive.—* — Except as provided in subparagraph (B), a certificate of ascertainment of appointment of electors issued pursuant to subsection (a)(1) shall be treated as conclusive in Congress with respect to the determination of electors appointed by the State.
(B
Source: Supplied U.S. Code snapshot — release unconfirmed · 3 U.S.C. § 5
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: c74fad0291f340f28d22c507fae21e92d9e544c0a5efac186521f8951bbe3ac3. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_6b7e16b010e7a07aabe4b8a1
Source file: Laws/federal/codes/united-states-code/title-3/section-5-certificate-of-ascertainment-of-appointment-of-electors--16d0ef5c5f.md
Pages: Not recorded – Not recorded
Passage SHA-256: 63340c4dbf000cf0ff5eeaaacbb977be4be7af9fadfda1bda107db303fc8edb5
Source location: Title 3, Chapter 1, § 5; chapter-001-presidential-elections-and-vacancies.md
Stored source content
**(a) In General.—**
(1) **Certification.—** — Not later than the date that is 6 days before the time fixed for the meeting of the electors, the executive of each State shall issue a certificate of ascertainment of appointment of electors, under and in pursuance of the laws of such State providing for such appointment and ascertainment enacted prior to election day.
(2) **Form of certificate.—** — Each certificate of ascertainment of appointment of electors shall—
(A) set forth the names of the electors appointed and the canvass or other determination under the laws of such State of the number of votes given or cast for each person for whose appointment any and all votes have been given or cast;
(B) bear the seal of the State; and
(C) contain at least one security feature, as determined by the State, for purposes of verifying the authenticity of such certificate.
**(b) Transmission.—** It shall be the duty of the executive of each State—
(1) to transmit to the Archivist of the United States, immediately after the issuance of a certificate of ascertainment of appointment of electors and by the most expeditious method available, such certificate of ascertainment of appointment of electors; and
(2) to transmit to the electors of such State, on or before the day on which the electors are required to meet under section 7, six duplicate-originals of the same certificate.
**(c) Treatment of Certificate as Conclusive.—** For purposes of section 15:
(1) **In general.—**
(A) *Certificate issued by executive.—* — Except as provided in subparagraph (B), a certificate of ascertainment of appointment of electors issued pursuant to subsection (a)(1) shall be treated as conclusive in Congress with respect to the determination of electors appointed by the State.
(B) *Certificates issued pursuant to court orders.—* — Any certificate of ascertainment of appointment of electors required to be issued or revised by any State or Federal judicial relief granted prior to the date of the meeting of electors shall replace and supersede any other certificates submitted pursuant to this section.
(2) **Determination of federal questions.—** — The determination of Federal courts on questions arising under the Constitution or laws of the United States with respect to a certificate of ascertainment of appointment of electors shall be conclusive in Congress.
**(d) Venue and Expedited Procedure.—**
(1) **In general.—** — Any action brought by an aggrieved candidate for President or Vice President that arises under the Constitution or laws of the United States with respect to the issuance of the certification required under section (a)(1), or the transmission of such certification as required under subsection (b), shall be subject to the following rules:
(A) *Venue.—* — The venue for such action shall be the Federal district court of the Federal district in which the State capital is located.
(B) *3-judge panel.—* — Such action shall be heard by a district court of three judges, convened pursuant to [section 2284 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2284&num=0&edition=prelim), United States Code, except that—
(i) the court shall be comprised of two judges of the circuit court of appeals in which the district court lies and one judge of the district court in which the action is brought; and
(ii) section 2284(b)(2) of such title shall not apply.
(C) *Expedited procedure.—* — It shall be the duty of the court to advance on the docket and to expedite to the greatest possible extent the disposition of the action, consistent with all other relevant deadlines established by this chapter and the laws of the United States.
(D) *Appeals.—* — Notwithstanding [section 1253 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1253&num=0&edition=prelim), United States Code, the final judgment of the panel convened under subparagraph (B) may be reviewed directly by the Supreme Court, by writ of certiorari granted upon petition of any party to the case, on an expedited basis, so that a final order of the court on remand of the Supreme Court may occur on or before the day before the time fixed for the meeting of electors.
(2) **Rule of construction.—** — This subsection—
(A) shall be construed solely to establish venue and expedited procedures in any action brought by an aggrieved candidate for President or Vice President as specified in this subsection that arises under the Constitution or laws of the United States; and
(B) shall not be construed to preempt or displace any existing State or Federal cause of action.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** A district court of three judges shall be convened when otherwise required by Act of Congress, or when an action is filed challenging the constitutionality of the apportionment of congressional districts or the apportionment of any statewide legislative body.
**(b)** In any action required to be heard and determined by a district court of three judges under subsection (a) of this section, the composition and procedure of the court shall be as follows:
(1) Upon the filing of a request for three judges, the judge to whom the request is presented shall, unless he determines that three judges are not required, immediately notify the chief judge of the circuit, who shall designate two other judges, at least one of whom shall be a circuit judge. The judges so designated, and the judge to whom the request was presented, shall serve as members of the court to hear and determine the action or proceeding.
(2) If the action is against a State, or officer or agency thereof, at least five days’ notice of hearing of the action shall be given by registered or certified mail to the Governor and attorney general of the State.
(3) A single judge may conduct all proceedings except the trial, and enter all orders permitted by the rules of civil procedure except as provided in this subsection. He may grant a temporary restraining order on a specific finding, based on evidence submitted, that specified irreparable damage will result if the order is not granted, which order, unless previously revoked by the district judge, shall remain in force only until the hearing and determination by the district court of three judges of an application for a preliminary injunction. A single judge shall not appoint a master, or order a reference, or hear and determine any application for a prel
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2284
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Except as otherwise provided by law, any party may appeal to the Supreme Court from an order granting or denying, after notice and hearing, an interlocutory or permanent injunction in any civil action, suit or proceeding required by any Act of Congress to be heard and determined by a district court of three judges.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1253
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 3
TITLE 3—THE PRESIDENT
§ 5
5723 of Title 5, Government Organization and Employ-
ees, and enacting and amending provisions set out as
notes under section 102 of this title] may be cited as the
‘Presidential Transitions Effectiveness Act’.’’
CONSTITUTIONAL PROVISIONS
Time of choosing electors, see Const. Art. 2, § 1, cl. 3.
[§ 2. Repealed. Pub. L. 117–328, div. P, title I,
§ 102(a), Dec. 29, 2022, 136 Stat. 5233]
Section, act June 25, 1948, ch. 644, 62 Stat. 672, related
to failure to make choice on prescribed day.
§ 3. Number of electors
The number of electors shall be equal to the
number of Senators and Representatives to
which the several States are by law entitled at
the time when the President and Vice President
to be chosen come into office; except, that where
no apportionment of Representatives has been
made after any enumeration, at the time of
choosing electors, the number of electors shall
be according to the then existing apportionment
of Senators and Representatives.
(June 25, 1948, ch. 644, 62 Stat. 672.)
§ 4. Vacancies in electoral college
Each State may, by law enacted prior to elec-
tion day, provide for the filling of any vacancies
which may occur in its college of electors when
such college meets to give its electoral vote.
(June 25, 1948, ch. 644, 62 Stat. 673; Pub. L.
117–328, div. P, title I, § 103, Dec. 29, 2022, 136
Stat. 5234.)
Editorial Notes
AMENDMENTS
2022—Pub. L. 117–328 inserted ‘‘enacted prior to elec-
tion day’’ after ‘‘by law’’.
§ 5. Certificate of ascertainment of appointment
of electors
(a) IN GENERAL.—
(1) CERTIFICATION.—Not later than the date
that is 6 days before the time fixed for the
meeting of the electors, the executive of each
State shall issue a certificate of ascertain-
ment of appointmen
Source: Supplied 2024 U.S. Code historical extraction · 3 U.S.C. § 5
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.