Whittle is wrong here. Surprising to see him so off on this as he’s usually spot on about most other things.
> “Well, the recount will not change the RESULTS of the election, but it could change HOW Donald Trump gets elected. It’s a longshot, but If the recount ties up the electoral votes of these three states when the electoral college meets in mid-December, then neither Trump nor Clinton will have the necessary 270 electoral votes needed to become President.”
The Constitution is clear that it is the ***majority of Electoral votes cast***, not necessarily 270. If all states and the District of Columbia cast their electoral votes, then the majority threshold is 270.
If MI, WI, PA are all tied up in Stein/Clinton shenanigans, then their electoral votes are deleted from the total and there is another majority threshold to reach. The good news is Trump crosses this other majority threshold (do the arithmetic).
The only way Clinton can get to the White House is to flip two of the states and stop the remaining one from casting its electoral votes or flip all three of the states. It’s not going to happen, at least not legally.
> “Under such a scenario, the decision would fall on the Republican-majority House of Representatives, who would immediately vote to elect Donald Trump.”
Not quite. If Electors from a state cast two ***sets of votes that are conflicting*** (as has happened in history and is why there exists a constitutional amendment provision), then if that state’s electoral votes matter to the outcome of the election, then the House votes but only 1 vote per delegation.
Incorrect. See 12th Amendment:
The Electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate;—The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted;—The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President.Each elector gets to vote for President and VP, but there is no requirement that all the electors of a state vote for the same person.
i agree. The Constitution specifies a majority of appointed electors and if electors are not appointed by any state then the threshold drops from 270. The other point is that state legislatures certify results and appoint electors and they alone hold that power.