Sitting senators voting for themselves (cabinet or election of a VP)
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  Sitting senators voting for themselves (cabinet or election of a VP)
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Author Topic: Sitting senators voting for themselves (cabinet or election of a VP)  (Read 1113 times)
President Johnson
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« on: August 17, 2017, 01:32:05 PM »

When a sitting senator is nominated for a cabinet position, they usually don't vote for themselves (like Jeff Sessions did). And that's usually no problem, because in most cases nominees also receive votes from the opposition party. But is it legal for a senator to vote for him or herself?

Even more interesting as I was thinking ahead for a possible scenario in my alternative history (https://uselectionatlas.org/FORUM/index.php?topic=245690.0): Could a sitting senator vote for himself, if the senate has to elect a vice president and there is a 51-seat majority of his party, while the outgoing VP (who would break the tie) is from the other?

Btw: In parlamentary systems, it's not uncommon. Konrad Adenauer, Germany's first chancellor, only got first elected in 1949 by one vote. His own.
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Kalwejt
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« Reply #1 on: August 17, 2017, 03:26:39 PM »

Actually, the VP can't break a tie during contingent elections. There must be a majority.
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brucejoel99
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« Reply #2 on: August 17, 2017, 09:04:01 PM »

Actually, the VP can't break a tie during contingent elections. There must be a majority.

Well actually, that's an untested constitutional question: the language requiring an absolute majority of Senate votes *may* preclude the sitting Vice President from breaking any tie which might occur, although some academics & journalists have speculated to the contrary, w/ legal scholars differing on whether the Constitution would allow the sitting VP to break the tie on the choice of a VP.
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President Johnson
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« Reply #3 on: August 19, 2017, 05:01:32 AM »

Actually, the VP can't break a tie during contingent elections. There must be a majority.

Well actually, that's an untested constitutional question: the language requiring an absolute majority of Senate votes *may* preclude the sitting Vice President from breaking any tie which might occur, although some academics & journalists have speculated to the contrary, w/ legal scholars differing on whether the Constitution would allow the sitting VP to break the tie on the choice of a VP.

There was discussion before the 2016 election, that the senate may end up 50-50 and that there would be no electoral college winner (for example if Trump had done worse in the Rust Belt and McMuffin taken Utah).
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Gary J
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« Reply #4 on: August 20, 2017, 08:00:27 AM »

Actually, the VP can't break a tie during contingent elections. There must be a majority.

Well actually, that's an untested constitutional question: the language requiring an absolute majority of Senate votes *may* preclude the sitting Vice President from breaking any tie which might occur, although some academics & journalists have speculated to the contrary, w/ legal scholars differing on whether the Constitution would allow the sitting VP to break the tie on the choice of a VP.

There was discussion before the 2016 election, that the senate may end up 50-50 and that there would be no electoral college winner (for example if Trump had done worse in the Rust Belt and McMuffin taken Utah).

That scenario would only be critical if the House failed to elect a President before 20th January. I suspect the Senate would delay electing a Vice President until it was known who would be the next President and would then agree to allow the election of the President-elect's running mate.
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