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View Diary: Reading the Constitution is hard, if you're a teabagger (246 comments)

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  •  Actually, there is an EC quorum requirement (4+ / 0-)
    Recommended by:
    rigcath, phillies, se portland, ScienceMan

    After the part Markos quoted, the 12th Amendment continues (still describing the Electoral College process that applies when the House and Senate fallbacks aren't needed):  "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;"  So, there is a quorum requirement of 270 Elector votes.  E.g., if 100 Electors abstained, getting 218 EC votes would be a majority of voting electors but wouldn't be enough to win; the question would go to the House.

    Of course, this means that in any election (like 2012 and most others) where only two candidates have Electors aligned with them, the one who lacks the votes to win will also lack the votes to block a quorum.  

    In other words, the Framer's weren't idiots about this sort of mechanics, despinte what the WDN poster thought.

    Kinda like the Framers' brilliant idea that having enough votes in the Senate to pass legislaton ought to suffice to bring legislation up for a vote...

    •  math correction (0+ / 0-)

      (438/2)+1  = 220, not 218.  Like Rachel Maddow said last night, don't do math on live TV...

    •  A quorum (2+ / 0-)
      Recommended by:
      marsanges, vcmvo2

      means that a certain number of people need to be present.

      What you're citing is the need for an absolute majority of the electoral college, not the need for a quorum.

      People can show up, abstain, and a quorum is still met.

    •  There is no scenario for a minority of EC to sway (0+ / 0-)

      ... the totals; that is, if a candidate wins the EC majority, then the only scenario that would thrown the election to the House and Senate would be for the EC voters for the winner not to show up.

      As it says and correctly quoted above,

      "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;"

      So only a majority of the EC has to vote (i.e., 270 EC votes), and only a majority of those who vote is needed for a successful EC vote to be tabulated.  Thus, the losing minority of the EC has no possible way to sway the outcome by not showing up.

      The whole thing is, of course, utterly ridiculous; but you have to remember that the folks who pursue this stuff are still in shock that they lost!

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