If I recall correctly, under current law, the electoral college votes on a certain date in mid-December.
Theoretically this mid-December dates gives states plenty of time to count mail in ballots and certify their results from the November 3 election so that the states electors can be certified to be electors.
What if there is so much chaos in mail in votes and counting problems, that some states will not certify their electors??? That’s something to think about.
Is the requirement that a president be chosen by a majority of total electors, meaning 270 out of 538, or a majority of those electors certified by the mid-December deadline? In a close election, we could see a Supreme Court decision on that question, if election laws or the constitution are not clear on that specific topic.
Is the requirement that a president be chosen by a majority of total electors, meaning 270 out of 538, or a majority of those electors certified by the mid-December deadline? In a close election, we could see a Supreme Court decision on that question, if election laws or the constitution are not clear on that specific topic.>>> There are enough states to foil the 270. ( Yes it says majority which would be 270) But when the house votes it is by state and right now that is 26R 23D 1 split. given all of the republican reps vote for trump.
Total electors, 270. However it it goes to the House where each state delegation gets one vote, I believe it's a majority of the states present. 2/3 of the states constituting a quorum. Since that would be states in the House, not electors, it's hard to imagine over 17 states not showing up which is the circumstance Nancy Pelosi would become President. But not impossible, since there are 22 Dem states.
“What if there is so much chaos in mail in votes and counting problems, that some states will not certify their electors??? That’s something to think about.”
The states have until 6 days before the Electoral College meets to certify their electors to Congress. If it cannot be done within that time, Congress may vote on which slate of electors to seat or the governor of the state may select which slate of electors to seat. I was previously under the impression that the electors just would not be seated, but upon further research I discovered that apparently the law was changed back in the late 1800s to prevent a state from not having any electors counted.
So it is theoretically possible that if a state could not complete the counting in time to certify the electors that Congress or a governor could award the electors to the party that lost the popular vote in that state...
Look, you guys, they thought of everything and it's all in writing.
The President, and the Vice President, are elected by a majority of the electors WHO HAVE BEEN APPOINTED.
Missing electors don't vote and don't count.