Election process if no one gets a majority in the Elec College?

[jravnsbo]

When was Cermack of Chicago killed?  HE was riding int he car with Pres elect Roosevelt at the time, were the EV counted then?  I have always wondered how the world would have been dramatically different if the assassin had killed FDR that day.

[jravnsbo]

As to const question.  I think they should do away with actual people as electors.  Just make it the numbers, you win the number in that state you win it then you don't have a rogue voter here and there.

Why do the EV have to be certified on Jan 6, is that a law somewhere.  Couldn't the old House come in early and decide if they wanted to?

Please inform me.

[jravnsbo]

Nothing says the Speaker has to take the oath immediately esp as Congress would be in session when HE decided and in any event stilla couple weeks before the 20th.  The whole outcome would have to be deadlocked for his specific state to matter.  

On another route if he had to resign to become President briefly, even though delayed he could probably either be appointed or win the special election easily most likely.  Still would be a member, maybe just not speaker.

[jravnsbo]

i understand that.  Just said he could at least quickly run again an get back in.  House member that is.

Still would be a member, maybe just not speaker.

No person may hold any other office while President.

Therefore, if the Speaker became President he would have to resign from both the office of Speaker AND U.S. Representative.

[jravnsbo]

Well first off the VP does not vote on President, that is the job of the House if it gets to the House.

You could have a President and VP from different parties.  It happened way back and it was discussed in 2000, with Bush winning Presidency but with a 50-50 tie ( at the time) in the Senate, then VP Gore could have voted for Sen Lieberman to be named VP.  

Would have been perfectly legal.

Well, if the President elect died before the EC voted, then the electors could vote for anyone they wanted to. Presumably the party would want to decide on one candidate for them all to vote for, because if they split their votes the race could get thrown into the House. But, the electors could vote for whomever they chose, the party would probably try to get them to vote for the VP elect, but they wouldn't have to.
Yes, Horace Greeley in 1872 died before the EC voted, it didn't really matter since he lost the election, and thus the Dems didn't really worry about who the electors voted for. The electors ended up splitting their votes several ways.
If the House is evenly divided on the vote for Speaker I believe (but am not entirely sure) that the old Speaker would continue to hold the office until the tie could be broken. Either that, or the Speakership may be completely vacant until the tie can be broken. The Constitution seems unclear on this.
The Vice Presidency couldn't be vacant though unless there was a filibuster, since the Senate must decide from the top 2 candidates and there is a provision to break a 50-50 tie (the sitting VP votes). Thus, this ensures that at worst the VP-elect becomes acting President if the House can't elect a President.

But, what if the sitting VP decides to abstain from voting for either of the two top candidates, if he is from the opposite party that just lost re-election, or his administration had their two terms and the candidate from their party lost in both the general election and electoral college, he may be bitter toward the winning party's nominees. What happens then?

[jravnsbo]

well the rub was that Lieberman would have had to give up his senate seat to take the VP spot.  Thus with a GOP governor thhe seat would have gone to the GOP and control yet 51-49, until Jeffords jumped ( if he still would have).

Would have been incredibly interesting in 2004.  

Lieberman would either have to run or be out completely.  I think he would have been the obvious pick for nominee in that case though.

[jravnsbo]

dem party would have lieberman as nominee and Lieberman would be tied to the senate more breaking ties.  

Nader would assuredly run vs him and Bush would win reelection and replace him with his own VP.