Election process if no one gets a majority in the Elec College? (user search)
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  Election process if no one gets a majority in the Elec College? (search mode)
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Author Topic: Election process if no one gets a majority in the Elec College?  (Read 30072 times)
True Federalist (진정한 연방 주의자)
Ernest
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« on: June 26, 2004, 08:45:35 PM »

The old VP does not get to break a tie on who the new VP would be.  The 12th amendment specifies that it requires a majority of the whole number of Senators to make the choice when it devolves onto the Senate.
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True Federalist (진정한 연방 주의자)
Ernest
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« Reply #1 on: August 25, 2004, 05:59:39 PM »

I don't know for certain.  Statutory law doesn't address this issue, but common law might.  The two likeliest interprestations are that either:
  • all four candidates would be under consideration, or
  • before proceding to the election of a president, the House would first have to determine which three candidates that it wished to consider.
The problem is extremely unlikely to coccur, and it certainly won't happen this year.  It might come up in 2008.  If the Coloradao initiative passes, a 268-268-1-1 result is not at all impossible and would provide a reasonably sane and safe way to test what to do.
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