Biden has 306 EC votes but if 37 of his Electors are rescinded, then he does not have a 270 majority and the 12th Amendment throws it into the House of Representatives by state delegations in which case Trump wins.
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First off, thank you for your detailed responses and well thought out posts. If the above were to happen, do you think all 30 of the Republican delegations would vote for Trump? Are they compelled to? We have control of both houses in MI, but I don’t trust them or our leadership. I’m speaking as an active precinct delegate and a member of our county executive committee.
Thank you for your service participation in government.
To be clear, should no candidate receive 270 or more Electoral votes, the US Representatives in Congress from Michigan will have one and only one vote for President under the 12th Amendment.
My check of Michigan party breakdown in Congress reveals their delegation has a total of 14 members, with 7 Democrats, 5 Republicans, 1 Libertarian, and 1 Independent. It certainly seems the Michigan congressional delegation would not bring a 12th Amendment vote for President Trump.
As to the Michigan state legislature, they have full unbounded plenary power under Article II of the US Constitution to certify, rescind, decertify their Electors. It’s possible therefore, they can help activate the 12th Amendment process even as their delegation of US Representatives in Congress end up not voting for President Trump’s reelection.
It takes 26 of 50 state delegations in the US House of Representatives to reelect the President.