Here are a few things I
looked up after wondering – over kool-aids on the porch – about an electoral tie this year.
1.
The Electoral
College has 538 votes which allows for a tie at 269-269.
a.
Each state gets
one vote per US house district and one vote for each Senator – that’s an
unchanging 535 votes each and every year plus 3 more votes for the District of
Columbia.
[I hate the fact that DC exists as a
political entity – all citizens should live in one of the surrounding states. But the fact that DC has as many electoral
votes as some states and almost as many as many others is far worse.]
2. In the event of a tie, the US House of Representatives
selects the new President [12th Amendment].
[It happened twice, 1801 and
1825.]
a.
The new House
does the voting but not until January 1st.
b.
While the
House has 435 members, they only get 50 votes – one for each state. The first candidate to win the votes of any
26 states is the new president. [DC gets no vote here.]
c.
Each state’s “delegation”
of House members decides among themselves how their state’s vote will be cast. [And
they can choose from any of the top three electoral vote getters. In
theory, some total outlier could win.]
3. The Vice President is elected by the Senate. [It
happened once in 1837.]
a.
The new Senate
does the voting but not until January 1st.
b.
Each Senator gets
one vote. The first candidate to win 51 votes
is the new vice president.
c.
So, legislative
voting could result in the President and vice president coming from different
Parties.
d.
Further, 12th
Amendment language precludes the sitting Vice President from breaking any tie
which might occur BUT this is disputed by some legal scholars – think of the possible
mess here.
4.
Deadlocked
chambers – add this to the possible Constitutional dispute mentioned above.
a.
The House of
Representatives must choose a President-elect in time for the inauguration
(noon on January 20).
b.
If the House
fails, the Twentieth Amendment specifies that the Vice President-elect becomes
Acting President until the House should select a President.
c.
If the winner of
the vice presidential election is also not known by then, then under the
Presidential Succession Act of 1947, the sitting Speaker of the House would
become Acting President until either the House should select a President or the
Senate should select a Vice President. None
of these situations has ever occurred.
One last thought about all
this and our current divisive political representatives. Remember the walkouts of Democrats from the Texas
and Wisconsin state legislative sessions?
Well, the Twelfth Amendment requires two thirds of the states to be
present in the US House for Presidential voting and two thirds of US Senators
to be present for vice presidential voting.
Imagine the utter mess these jerks could make.
And finally, as I read it, if
the both Houses of Congress were to remain deadlocked until March 4th,
then the “sitting vice president” would become acting President until they acted. Joe Biden would become President. Just think of the mess the obstructionists
could create.