State delegation TIE in an EC tiebreaker... (user search)
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April 19, 2024, 09:47:18 PM
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  State delegation TIE in an EC tiebreaker... (search mode)
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Author Topic: State delegation TIE in an EC tiebreaker...  (Read 1036 times)
SteveRogers
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« on: January 19, 2018, 05:47:12 PM »

That state would be deadlocked and unable to cast its vote until such time as one of its reps decided to cross party lines. If enough states were so deadlocked, it’s possible that no candidate could get the necessary 26 votes to win the presidency, since a majority of the whole number of states is required to win. Balloting would then continue in the House until the deadlock could be broken. If the deadlock was not broken by January 20th, then the Vice President-elect would act as president until the deadlock could be broken in the House.

In the Senate, a 50-50 tie could potentially raise a constitutional question. By the most straightforward reading of the 12th Amendment (which I think is pretty clear), the sitting Vice President does NOT get a tie breaking vote in this scenario. But of course this has never been decided by the courts, so it might potentially have to be decided by SCOTUS.
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