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  •  sdf (none / 1)

    If the House can't come to a majority (not just if there's a tie), things really get interesting.

    Let's look at the VP first.  In case of an electoral college tie or non-majority, a simple majority vote is taken by the Senate to choose a vice-president; a 50-50 tie would be broken by the VP.

    But here's the catch: there is no deadline for the House to choose a president.  Let's say it's a Kerry-Edwards ticket and there's a non-majority in the electoral college and the House.  The Senate goes GOP, or it goes 50-50 and Cheney breaks the tie by voting for himself.  If the House doesn't resolve its own tie for president by inauguration on January 20th, we look to the 20th amendment, which says that the current vice-president "shall act as President until a President shall have qualified."  Vice President Cheney would act as President until the House comes to a resolution.  That can happen at any time during that presidential term of office.  The final kicker: there's no rule that the president and VP have to be of the same party.  So, if the tie in the House breaks for Kerry, we could have a Kerry presidency and a Cheney vice-presidency.

    Now wouldn't that be fun? =D

    •  aoeu (none / 0)

      I wonder if the NE Republican Senators would vote for Cheney as VP, Zell probably would.

      turtles consider
      every single vote deeply
      yet always vote dem

      by TealVeal on Thu Mar 04, 2004 at 06:31:12 AM PDT

      [ Parent ]

    •  Hm - 50/50 is no veep (none / 0)

      Scratches head. According to the 12th (or was it the 20th?) amendment, the veep shall be elected by the new Senate, and "a majority of the whole number of Senators" is the requirement, i.e. you need 51 Senators to vote for the veep, or there is no deal. There is no tie-breaking mechanism in there. Cheney cannot vote for himself. OK, it is extremely unlikely that both the electoral college, and the house (by state delegations), and the Senate should be tied at the same time. But theory is ... funny in its own right.

      I guess that in the case of the House solving the Presidential election, and the Senate being tied 50-50 in the veep election, at least one Senator would defer to the House, making it 51-49.

      OK, I admit this is geeky. But I'm a geek. :)

      It is time to bring back this time-honoured tradition: We never go to war because we want to, we only go to war because we have to.

      by PoliticGeek Pro on Thu Mar 04, 2004 at 07:44:03 PM PDT

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      •  My reading of the 20th amendment, (none / 0)

        If they can't pick a prez or a VP congress can pick whoever the hell they want as a temp president, or they can decide on a "manner in which one who is to act shall be selected".  I guess that means they would hold a special election for a temporary president?
        •  "As set forth by law"... (none / 0)

          Fair point. But wouldn't that mean a law must be passed and signed? No President, no law...

          And it could be filibustered in the Senate.

          I guess in the situation where there are three ties (electoral college, House delegations, Senate), and no President or veep elected pr Jan 20, noon, the current law of succesion would kick in, hence the House Speaker becomes temporary President until sausages are made and the situation is resolved. :)

          It is time to bring back this time-honoured tradition: We never go to war because we want to, we only go to war because we have to.

          by PoliticGeek Pro on Fri Mar 05, 2004 at 07:29:44 PM PDT

          [ Parent ]

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