§ 196. (Act June 25, 1910, c. 392, § 9, as amended, Act Aug. 19, 1911, c. 33, § 2.) Personal expenses for traveling, stationery, etc., for influencing, in two or more states, election of Representatives, not subject to act. Any person may in connection with such election incur and pay from his own private funds for the purpose of influencing or controlling, in two or more States, the results of an election at which Representatives to the Congress of the United States are elected, all necessary personal expenses for his traveling, for stationery, and postage, and for telegraph and telephone service without being subject to the provisions of this Act. (36 Stat. 824. 37 Stat. 26.) This section, which was originally enacted as section 8 of Act June 25, 1910, c. 392, was amended and it and sections 9 and 10 of said act were renumbered as sections 9, 10, and 11, by Act Aug. 19, 1911, c. 33, § 2 cited above. By said amendment the word "necessary" was inserted before the words "personal expenses for his traveling," and the words immediately following in the section as originally enacted, "and for purposes incidental to traveling," were omitted. § 197. (Act June 25, 1910, c. 392, § 10, as amended, Act Aug. 19, 1911, c. 33, § 2.) Legal expenses in election contests not limited or affected by act. Nothing contained in this Act shall limit or affect the right of any person to spend money for proper legal expenses in maintaining or contesting the results of any election. (36 Stat. 824. 37 Stat. 26.) See note to preceding section. § 198. (Act June 25, 1910, c. 392, § 11, as amended, Act Aug. 19, 1911, c. 33, § 2.) Punishment for violation of act. Every person willfully violating any of the foregoing provisions of this Act shall, upon conviction, be fined not more than one thousand dollars or imprisoned not more than one year, or both. (36 Stat. 824. 37 Stat. 26.) See note to section 9 of this act, ante, § 196. (67) 199. Time of appointing electors. 200. Number of electors. 201. Vacancies in electoral college. 203. Meeting and vote of electors. 205. Certificates of appointment of elec- 206. Manner of voting. 207. Certificates to be made and signed. 208. Certificates to be sealed and in dorsed. 209. Transmission of the certificates. 210. Time for transmission of the certificates to the President of the Senate. 211. When Secretary of State shall send for district judges' list. Sec. 212. Provision for absence of President 213. Mileage of messengers. 215. Counting electoral votes in Con- 216. Preservation of order in joint meeting; no debate. 217. Limit of debate in each House. 218. Seats for officers and members of two Houses in joint meeting; meeting not to dissolve until count completed and result declared; recess. 219. Vacancy in offices of both Presi- 220. Officers eligible to act as President § 199. (R. S. § 131.) Time of appointing electors. [Except in case of a presidential election prior to the ordinary period, as specified in sections one hundred and forty-seven to one hundred and forty-nine, inclusive, when the offices of President and Vice-President both become vacant,] the electors of President and Vice-President shall be appointed, in each State, on the Tuesday next after the first Monday in November, in every fourth year succeeding every election of a President and Vice-President. Act March 1, 1792, c. 8, § 1, 1 Stat. 239. Act Jan. 23, 1845, c. 1, 5 Stat. 721. The clause at the beginning of this section inclosed in brackets, commencing with the words, "Except in case of a presidential election prior to the ordinary period," etc., became inoperative on the repeal of R. S. §§ 147-149, by Act Jan. 19, 1886, c. 4, § 3, 24 Stat. 1, without making any express provisions for an election in case of vacancy in both offices. § 200. (R. S. § 132.) 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. Act March 1, 1792, c. 8, § 1, 1 Stat. 239. § 201. (R. S. § 133.) Vacancies in electoral college. Each State may, by law, provide for the filling of any vacancies which may occur in its college of electors when such college meets to give its electoral vote. Act Jan. 23, 1845, c. 1, 5 Stat. 721. § 202. (R. S. § 134.) Failure to make a choice on the appointed day. Whenever any State has held an election for the purpose of choosing electors, and has failed to make a choice on the day prescribed by law, the electors may be appointed on a subsequent day in such a manner as the legislature of such State may direct. Act Jan. 23, 1845, c. 1, 5 Stat. 721. (R. S. § 135. Superseded.) Section provided that the electors should vote on the first Wednesday in December. They were required to vote on the second Monday of January, by Act Feb. 3, 1887, c. 90, § 1, post, § 203. (R. S. § 136. Repealed.) This section provided for the delivery of lists of electors of each State by the executive of the State to the electors. It was repealed by Act Feb. 3, 1887, c. 90, § 3, post, § 205. § 203. (Act Feb. 3, 1887, c. 90, § 1.) Meeting and vote of electors. The electors of each State shall meet and give their votes on the second Monday in January next following their appointment, at such place in each State as the legislature of such State shall direct. (24 Stat. 373.) This section and the two sections next following were part of an act entitled "An act to fix the day for the meeting of electors of President and Vice-President, and to provide for and regulate the counting of the votes for President and Vice-President, and the decision of questions arising thereon." The remaining sections, 4-7, of the act are set forth post, §§ 215-218. Provisions supplementary to this act, relating to the forwarding of the certificates and lists of votes of electors, are made by Act Oct. 19, 1888, c. 1216, § 1, post, § 210. § 204. (Act Feb. 3, 1887, c. 90, § 2.) versy as to appointment of electors. Determination of contro If any State shall have provided, by laws enacted prior to the day fixed for the appointment of the electors, for its final determination of any controversy or contest concerning the appointment of all or any of the electors of such State, by judicial or other methods or procedures, and such determination shall have been made at least six days before the time fixed for the meeting of the electors, such determination made pursuant to such law so existing on said day, and made at least six days prior to the said. time of meeting of the electors, shall be conclusive, and shall govern in the counting of the electoral votes as provided in the Constitution, and as hereinafter regulated, so far as the ascertainment of the electors appointed by such State is concerned. (24 Stat. 373.) § 205. (Act Feb. 3, 1887, c. 90, § 3.) Certificates of appointment of electors, and of determination of controversy. It shall be the duty of the executive of each State, as soon as practicable after the conclusion of the appointment of electors in such State, by the final ascertainment under and in pursuance of the laws of such State providing for such ascertainment, to communicate, under the seal of the State, to the Secretary of State of the United States, a certificate of such ascertainment of the electors appointed, setting forth the names of such electors and the canvass or other ascertainment 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; and it shall also thereupon. be the duty of the executive of each State to deliver to the electors of such State, on or before the day on which they are required by the preceding section to meet, the same certificate, in triplicate, under the seal of the State; and such certificate shall be inclosed and transmitted by the electors at the same time and in the same manner as is provided by law for transmitting by such electors to the seat of Government the lists of all persons voted for as President and of all persons voted for as Vice-President; and section one hundred and thirty-six of the Revised Statutes is hereby repealed; and if there shall have been any final determination in a State of a controversy or contest as provided for in section two of this act, it shall be the duty of the executive of such State, as soon as practicable after such determination, to communicate, under the seal of the State, to the Secretary of State of the United States, a certificate of such determination, in form and manner as the same shall have been made; and the Secretary of State of the United States, as soon as practicable after the receipt at the State Department of each of the certificates hereinbefore directed to be transmitted to the Secretary of State, shall publish, in such public newspaper as he shall designate, such certificates in full; and at the first meeting of Congress thereafter he shall transmit to the two Houses of Congress copies in full of each and every such certificate so received theretofore at the State Department. (24 Stat. 373.) § 206. (R. S. § 137.) Manner of voting. The electors shall vote for President and Vice-President, respectively, in the manner directed by the Constitution. Act March 26, 1804, c. 50, § 1, 2 Stat. 295. § 207. (R. S. § 138.) Certificates to be made and signed. The electors shall make and sign three certificates of all the votes given by them, each of which certificates shall contain two distinct lists, one of the votes for President, and the other of the votes for Vice-President, and shall annex to each of the certificates one of the lists of the electors which shall have been furnished to them by direction of the executive of the State. Act March 1, 1792, c. 8, §§ 2, 3, 1 Stat. 239. Act March 26, 1804, c. 50, § 1, 2 Stat. 295. § 208. (R. S. § 139.) Certificates to be sealed and indorsed. The electors shall seal up the certificates so made by them, and certify upon each that the lists of all the votes of such State given for President, and of all the votes given for Vice-President, are contained therein. Act March 1, 1792, c. 8, § 2, 1 Stat. 239. Act March 26, 1804, c. 50, § 1, 2 Stat. 295. § 209. (R. S. § 140.) Transmission of the certificates. The electors shall dispose of the certificates thus made by them. in the following manner: One. They shall, by writing under their hands, or under the hands of a majority of them, appoint a person to take charge of and deliver to the President of the Senate, at the seat of Government, before the first Wednesday in January then next ensuing, one of the certificates. Two. They shall forthwith forward by the post-office to the President of the Senate, at the seat of Government, one other of the certificates. Three. They shall forthwith cause the other of the certificates to be delivered to the judge of that district in which the electors shall assemble. Act March 1, 1792, c. 8, § 2, 1 Stat. 239. Act March 26, 1804, c. 50 § 1, 2 Stat. 295. The certificate and lists are to be forwarded to the President of the Senate forthwith after the second Monday in January, by Act Oct. 19, 1888, c. 1216. § 1, post, § 210. § 210. (Act Oct. 19, 1888, c. 1216, § 1.) Time for transmission of the certificates to the President of the Senate. The certificates and lists of votes for President and Vice-President of the United States, mentioned in chapter one of title three of the Revised Statutes of the United States, and in the act to which this is a supplement, shall be forwarded, in the manner therein provided, to the President of the Senate forthwith after the second Monday in January, on which the electors shall give their votes. (25 Stat. 613.) This was the first section of an act entitled as supplementary to Act Feb. 3, 1887, c. 90, referred to therein as "the act to which this is a supplement," the provisions of which are set forth ante, §§ 203-205, and post, §§ 215-218. Section 2 of this act amended R. S. § 141. The amendment is incorporated in that section as set forth post, § 212. The changes made by this act in the time fixed by R. S. § 140, ante, § 209, for forwarding the certificates and lists of votes to the President of the Senate, and the time fixed by R. S. § 141, if such certificate, etc., should not be received, for sending for the list delivered to the district judge were needed to conform to the change of the date on which the electors should give their votes, by Act Feb. 3, 1887, c. 90, § 1, ante, § 203. § 211. (R. S. § 141, as amended, Act Oct. 19, 1888, c. 1216, § 2.) When Secretary of State shall send for district judge's list. Whenever a certificate of votes from any State has not been received at the seat of Government on the fourth Monday of the month of January in which their meeting shall have been held, the Secretary of State shall send a special messenger to the district |