SteveRogers
duncan298
YaBB God
Posts: 4,188
Political Matrix E: -3.87, S: -5.04
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« on: May 05, 2016, 01:18:53 AM » |
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Normally it would be the newly elected House. That wasn't always the case though. In the 1824 election it was the outgoing House that elected John Q. Adams. The 20th Amendment changed the start dates for congressional and presidential terms so that the new congress is sworn in before the President. This change did not, as some people suggest, mandate that the new House is the one that chooses the president. However, the date for counting the electoral votes before a joint session of congress, which is set by law, occurs after the new congress is sworn in, so under the current law it's the new House that would then choose the president once it's made official that no candidate got to 270.
But that date could be changed by a new act of congress, so in the scenario you propose the current Republican congress could try to pass a new law moving up the date for counting the electoral votes to before January 3rd, meaning the current House would then get to pick the president.
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