It May Not Be Our Choice
Recently, and over breakfast with two of my friends and colleagues, I was presented with an interesting question.
“What would happen if neither Hillary Clinton, nor, Donald Trump in the general election, did not receive the required Electoral College votes to become President of the United States. What would happen?”
This piqued my curiosity, as the American people are somewhat unsettled as to who they should vote for to be the next President of the United States.
On the Left, we have Hillary Clinton (and as of this time the “presumptive nominee of the Democrat Party”) being attacked and challenged by Bernie Sanders, an avowed socialist.
On the Right, the apparent heir, is Donald Trump, the new standard bearer and face of the Republican Party.
It is called a “contingency election” and is decided by the House of Representatives and the Senate, if neither of the above obtain the Electoral votes as required by law.
In the forthcoming United States presidential election this could be a possibility, given the polarizing effect of the primary process we have all been subjected to.
First, the election of the President and the Vice President of the United States is an indirect vote in which citizens cast ballots for a slate of members of the U.S. Electoral College. So, if one is under the impression that they are directly voting for the President of the United States of America, they are sadly mistaken!
However, another question is presented for consideration: “In the event of a contingency election, would your congressional representative vote based on his political affiliation (partisanship) or would he/she vote by representation as decided by a vote by of their constituents for the presidential candidate who won in the district?"
I simply cannot answer the question. But then again, you might want to call your representative and find out his/her position on a contingency election. It might be amusing or disheartening, to hear their response.
The possibility of a third and formidable presidential candidate still exists. And, the game plan for a third and separate individual candidate for president has been presented not by the Left, but by factions of the Right, who have rejected Donald Trump, for a myriad of reasons.
And,the political template and technique from the Right, to deny the “Trump insurgency” from obtaining the required number of Electoral College votes (and admittedly, in my opinion, is a guerilla tactic) is constitutionally permitted.
All that is needed, is for several GOP states to mount what is known as a “favorite son” candidacy for the presidency. For example, Scott Walker, Mitt Romney, Brian Sandoval, run for President in their respective states, with the intent and goal to prevent a 270 Electoral College winner.
On the possibility of a contingent presidential election by the House of Representatives.
Pursuant to the Twelfth Amendment, the House of Representatives is required to go into session immediately to vote for president if no candidate for president receives a majority of the electoral votes(since 1964, 270 of the 538 electoral votes)In this event, the House of Representatives is limited to choosing from among the three candidates who received the most electoral votes.
Each state delegation votes en bloc – each delegation having a single vote; the District of Columbia does not receive a vote.
A candidate must receive an absolute majority of state delegation votes (i.e., at present, a minimum of 26 votes) in order for that candidate to become the President-elect. Additionally, delegations from at least two-thirds of all the states must be present for voting to take place. The House continues balloting until it elects a president.
On the possibility of a contingent vice-presidential election by Senate
If no candidate for vice president receives an absolute majority of electoral votes, then the Senate must go into session to elect a vice president. The Senate is limited to choosing from only the top two candidates to have received electoral votes (one fewer than the number to which the House is limited). The Senate votes in the normal manner in this case (i.e., ballots are individually cast by each senator, not by state delegations). However, two-thirds of the senators must be present for voting to take place.
Additionally, the Twelfth Amendment states that a "majority of the whole number" of senators (currently 51 of 100) is necessary for election.[41] Further, the language requiring an absolute majority of Senate votes precludes the sitting vice president from breaking any tie which might occur,[42] although this is disputed by some legal scholars.[43]
The only time the Senate chose the vice president was in 1837. In that instance, the Senate adopted an alphabetical call and voting aloud. The rules further stated, "[I]f a majority of the number of senators shall vote for either the said Richard M. Johnson or Francis Granger, he shall be declared by the presiding officer of the Senate constitutionally elected Vice President of the United States;" the Senate chose Johnson.[44]
What happens when both the House and Senate are deadlocked?
If the House of Representatives has not chosen a president-elect in time for the inauguration (noon on January 20), then Section 3 of the Twentieth Amendment specifies that the vice president-elect becomes acting president until the House selects a president.
If there is also no vice president-elect in time for the inauguration, then under the Presidential Succession Act of 1947, the sitting Speaker of the House would become acting president until either the House selects a president or the Senate selects a vice president. Neither of these situations has ever occurred.
The explicit goal of a third person candidacy would be to gain the 270 electoral votes. The likelihood of a contingency election in the House of Representatives and Senate, is well within the realms of political reality, given the hyper-volatility of this election cycle.
Voters unfamiliar with our constitution and in the event of a contingent election, would likely feel extreme tension, coupled with chaos and dysfunction, while voters familiar with the document would see it working as designed and functioning as intended.
Stay tuned and keep informed! As the old saying goes: “It’s not over, until it’s over!”
Sources used in this commentary are Wikipedia, House.Gov.
Additional comments from trusted friends, colleagues, and personal mentors.
Karl Edward Neathammer is a 28 year resident of Carson City. He does not respond to his critics. It saves time!
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