Posted on 10/21/2024 1:10:12 PM PDT by Gay State Conservative
Rattling through my brain right now is: "what happens in an EV tie?" I think I know but am not certain. Does the House vote on the President and the Senate vote on the VP? IIRC that's the way it works. But what I'm wondering is how,exactly,does it work? Is it the incoming House and Senate or the outgoing ones? Is it a simple majority of House and Senate members?
I'm hoping that there might be a Constitutional scholar out there who's be willing to straighten me out.
Incoming house and senate
I’d love a tie with a SMALL house majority. Or is it the number one states=one vote?
That would really set off the left but at the same time it would show off the beauty of our system.
Read the 12th Ame4ndment.
It’s one state, one vote. Each state’s House delegation votes, and the majority for that state casts one vote. Trump would win this going away.
The Senate elects the VP.
Incoming House State delegations.
Not individual representative votes.
One party could have a majority but that doesn’t mean they have a majority of house delegations.
Right now Republicans have 26 house delegations, so presumably the Republican candidate would win 26-24.
I don’t know about Vice President.
It goes to the House for President, but even then the procedure is strange. Each state’s delegation votes separately on whom they want. Wyoming’s one congressman gets to choose how Wyoming’s state vote goes, while California’s whole 52 man delegation votes, and the majority takes California’s one state vote. Then there is a roll call of states and the candidate with the most votes out of 50 is president. In the current circumstances this would mean they would elect Trump, 28-22, but the current congress is not who votes. The newly elected congress seated in January votes, but the result would probably be identical.
Yes each state gets a single vote for the their Congressional delegation in the House. So states like California and Illinois where Democrats have gerrymandered the districts totally in their favor (40-12 in CA and 14-3 in IL) have the same single vote as Wyoming, Montana, or Idaho.
https://www.270towin.com/content/electoral-college-ties
Electoral College Ties
This article has been updated for 2024
The discussion on this page is mostly written around a 269-269 tie between two candidates. However, much of the same would come into play if a third party or independent candidate wins enough electoral votes to prevent any candidate in the race from reaching the required 270 electoral vote threshold. The 2024 interactive electoral college map allows you to assign electoral votes to a 3rd party.
It takes 270toWin. If neither candidate gets a majority of the 538 electoral votes, the election for President is decided in the House of Representatives, with each state delegation having one vote. A majority of states (26) is needed to win. Senators would elect the Vice-President, with each Senator having a vote. A majority of Senators (51) is needed to win.
State House delegations can cast their vote for president from among the three candidates receiving the most electoral votes, while Senators are limited to the top two candidates in their vote for Vice-President.
It is important to note that an apparent tie when all the states are called does not mean that there is actually a tie. The Electors meet on December 17, 2024 (the first Tuesday after the second Wednesday in December) to cast their votes.1 Only about half the states have laws requiring their Electors to vote for the popular vote winner.
It is possible that an Elector could cast his or her vote for another person. We saw that in the 2016 election, when seven Electors were ‘faithless’.2 In a 269-269 tie, as long as a rogue vote wasn’t for the other major candidate in the race, this wouldn’t be an issue. Both candidates would still be short of the required 270.
More than likely, the tie election would remain undecided after the Electors voted. The Congress meets in joint session on January 6, 2025 to count the electoral votes.3 Note that this count happens whether the election is close or a landslide. If no candidate has reached 270 Electoral Votes, then the House and Senate take over and elect the President and Vice-President, respectively.
Who would win the presidency in a tie?
In this partisan era, it is a reasonable assumption - at least to start - that the vast majority of members would vote along party lines.
As of late September, 2023, Republicans hold a 26-22 edge in House delegations. Two states, Minnesota and North Carolina, are evenly split. See the image below.
However, it is the members of Congress elected in November, 2024, and seated in January, 2025 that would take on this responsibility.
To help you monitor the House delegation split for January, 2025, we have an interactive feature called State View that is associated with the House Interactive Map.
XX amendment
The terms of the President and the Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January,
Since the counting of the electoral votes happen Jan 6, it’s the new congress that counts
https://www.archives.gov/electoral-college/key-dates
Another question:
KAMALA loses.....
SHE is current VP
SHE is the one who has to CERTIFY ELECTORAL VOTES
SHE refuses to say she will do so IF SHE LOSES.
SOOOOOO—WHO IS 2nd in line to perform this duty????
Here’s a good write up on it.
The horror story part is Tim Walz could actually become acting president.
—-
What happens if no presidential candidate gets 270 electoral votes?
If no candidate receives a majority of electoral votes, the Presidential election leaves the Electoral College process and moves to Congress.
The House of Representatives elects the President from the three (3) Presidential candidates who received the most electoral votes. Each State delegation has one vote and it is up to the individual States to determine how to vote. (Since the District of Columbia is not a State, it has no State delegation in the House and cannot vote). A candidate must receive at least 26 votes (a majority of the States) to be elected.
The Senate elects the Vice President from the two (2) Vice Presidential candidates with the most electoral votes. Each Senator casts one vote for Vice President. (Since the District of Columbia is not a State, it has no Senators so does not participate in the vote). A candidate must receive at least 51 votes (a majority of Senators) to be elected.
If the House of Representatives fails to elect a President by Inauguration Day, the Vice-President Elect serves as acting President until the deadlock is resolved in the House.
https://www.archives.gov/electoral-college/faq#no270
Each State Delegation gets one vote..........
A majority of states (26) is needed to win. Senators would elect the Vice-President, with each Senator having a vote. A majority of Senators (51) is needed to win.
What happens is the Democrats win if that happens.
It’ll be amazing, and we’ll talk about it for the rest of our lives how it should have gone down this way, or that way. and how some stuff was unconstitutional and should not have happened the way it did.
And we’ll have it as a takeaway to just vote harder next time.
Goes to the house. Senate has no say.
Each state delegation has one vote. Ow California and Delaware would each have 1 vote.
To make it even more uncertain, the House could select someone who wasn’t even running. They could conceivably select Liz Cheney or Bruce Springsteen.
You could just reference the Constitution
It’s right there. 12th Amendment.
If Trump wins the election outright, watch how quickly all the Freepers who claimed that VP Mike Pence had the authority to refuse to certify the 2020 election in January 2021 suddenly change their minds and realize they DO have brains after all. :-P
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