U.S. Code » Title 3 » Chapter CHAPTER 1— PRESIDENTIAL ELECTIONS AND VACANCIES

3 U.S.C. § 6

Duties of Archivist

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The certificates of ascertainment of appointment of electors received by the Archivist of the United States under section 5 shall—(1) be preserved for one year;(2) be a part of the public records of such office; and(3) be open to public inspection.(June 25, 1948, ch. 644, 62 Stat. 673; Oct. 31, 1951, ch. 655, § 6, 65 Stat. 711; Pub. L. 98–497, title I, § 107(e)(1), (2)(A), Oct. 19, 1984, 98 Stat. 2291; Pub. L. 117–328, div. P, title I, § 105(a), Dec. 29, 2022, 136 Stat. 5236.)Editorial NotesAmendments

2022—Pub. L. 117–328 amended section generally. Prior to amendment, section related to credentials of electors, transmission to Archivist of the United States and to Congress, and public inspection.

1984—Pub. L. 98–497 substituted “Archivist of the United States” for “Administrator of General Services” in section catchline and wherever appearing in text and “National Archives and Records Administration” for “General Services Administration”.

1951—Act Oct. 31, 1951, substituted “Administrator of General Services” for “Secretary of State” in section catchline and several places in text, and for “Secretary of State of the United States” in one place, and “General Services Administration” for “State Department”.

Statutory Notes and Related SubsidiariesEffective Date of 1984 Amendment

Amendment by Pub. L. 98–497 effective Apr. 1, 1985, see section 301 of Pub. L. 98–497, set out as a note under section 2102 of Title 44, Public Printing and Documents.

Notes of Decisions
Cited in 11 cases (3 in the last 5 years), 2000–2024 · leading case: Ankeny v. Governor of State of Indiana, 916 N.E.2d 678 (Ind. Ct. App. 2009).
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Ankeny v. Governor of State of Indiana, 916 N.E.2d 678 (Ind. Ct. App. 2009). · cites it 3× “7 3 U.S.C. § 6 . The presidential electors assemble "in the chamber of the Indiana house of representatives on the first Monday after the second Wednesday in December as provided by 3 U.”
United States v. Larry Brock, 94 F.4th 39 (D.C. Cir. 2024). “3 U.S.C. § 6 . The electors of each state meet on “the first Monday after the second Wednesday in December” to vote by ballot for President and Vice-President at a location determined by state law.”
Muhammad Abdurrahman v. Mark Dayton, 903 F.3d 813 (8th Cir. 2018). “After the election, Governor Dayton submitted a certificate of ascertainment to the Archivist of the United States under 3 U.S.C. § 6 naming Abdurrahman as one of Minnesota's presidential electors.”
Gelineau v. Johnson, 904 F. Supp. 2d 742 (W.D. Mich. 2012). “Section 6 provides that a state’s executive must certify the state’s determination regarding any elector controversy, 3 U.S.C. § 6 , and Section 15 confirms that the state’s determination is not to be second-guessed.”
Robert N. Harris v. Florida Elections Comm'n, 235 F.3d 578 (11th Cir. 2000). · cites it 2× “” The Governor’s duty to transmit the certificate of ascertainment is a duty based on federal law governed by 3 U.S.C. § 6 . For a court to order the Governor to act under 3 U.”
Shoosmith Bros. v. Hopewell Nursing Home, L.L.C., 78 Va. Cir. 427 (Hopewell Cir. Ct. 2009). “1985) (citing 3 U.S.C. § 6 ; other citations omitted). The principle of default is akin to waiver.”
Stein v. Thomas, 222 F. Supp. 3d 539 (E.D. Mich. 2016). “at 13-14; 3 U.S.C. § 6 . Without completion of the recount, any controversy regarding which candidate’s electors had been elected in the November 8 election might ultimately be decided by Congress, rather than conclusively determined by Michigan.”
Bowyer v. Ducey, 506 F. Supp. 3d 699 (D. Ariz. 2020). · cites it 3× “); see also 3 U.S.C. § 6 . 12 In their Complaint and the accompanying Motion for Temporary Restraining Order 13 (“TRO”) filed on December 2, Plaintiffs “contest” the election and ask this Court to compel 14 the Governor to “de-certify” these results.”
United States v. Montgomery, 578 F. Supp. 3d 54 (D.D.C. 2021). “certified” pursuant to 3 U.S.C. § 6 . Id. The Act further specifies which votes Congress should count if “more than one return or paper purporting to be a return from a State shall have been received,” and when votes given by “successors or substitutes” may be counted.”
Gohmert v. Pence, 510 F. Supp. 3d 435 (E.D. Tex. 2021). “See 3 U.S.C. § 6 . That act is performed solely by the Arizona Governor, who is a “third party not before the court.”
Trump v. The Wisconsin Elections Comm'n, No. 2:20-cv-01785 (E.D. Wis. Dec. 12, 2020). “3 U.S.C. §6 . The certificate of “determination” notifies the U.”
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