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To: Frantzie

As it is the House of Representatives that certifies presidential elections, I don’t think we need the Senate. As I understand it, the Senate has the responsibility of certifying the VP. Biden’s a shoo-in.


20 posted on 12/17/2008 10:24:26 AM PST by Tallguy ("The sh- t's chess, it ain't checkers!" -- Alonzo (Denzel Washington) in "Training Day")
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To: Tallguy
As it is the House of Representatives that certifies presidential elections, I don’t think we need the Senate. As I understand it, the Senate has the responsibility of certifying the VP. Biden’s a shoo-in.

Sorry. You are wrong about that. I posted the part of the Constitution that deals with elections above. Go read it. The House controls the election only in the case of a tie or no candidate getting a majority of the EC votes. That's not at issue here. In a "normal" election the House and Senate meet jointly, presided over by the President of the Senate, (Chenney) to count the EV's.

Here is some background on one election that was disputed.

On February 12, 1817, the House and Senate met in joint session to count the electoral votes for President and Vice President. The count proceeded without incident until the roll came to the last state to be counted, Indiana. At that point, Representative John W. Taylor of New York objected to the counting of Indiana's votes. The Senate withdrew, and then the House deliberated upon Taylor's objection. To understand Taylor's objection, however, the reader will need some background:

Congress had passed an enabling act for the Territory of Indiana on April 19, 1816. It authorized the Territory to hold a constitutional convention for forming a state government and stated that the state, once formed, would be admitted to the United States. On December 11, 1816, Congress passed a joint resolution stating that Indiana had formed a state constitution on June 29, 1816, which had met the conditions of the enabling act and that Indiana was therefore admitted into the Union.

According to the Constitution, the casting of ballots by the Electoral College had to take place on a single day, and federal statute had set that day to be December 4, 1816. Taylor thus contended that the electoral votes had been cast by the Territory of Indiana, not the State of Indiana, and were thus void. Other representatives contradicted Taylor, asserting that the joint resolution merely recognized that Indiana had already joined the Union by the act of forming a state constitution and government.

These representatives pointed out that both the House and Senate had seated members from Indiana who had been elected prior to the joint resolution, which would have been unconstitutional had Indiana not been a state at the time of their election.

Representative Samuel D. Ingham then moved that the question be postponed indefinitely. The House agreed almost unanimously, and the Senate was brought back in to count the electoral votes from Indiana.

34 posted on 12/17/2008 10:43:48 AM PST by Jack Black (ping can't be a tag line, can it?)
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