LogFAQs > #947098486

Yesmar_ posted...

The House has to accept the Electoral College Votes, correct? If so, I don't see what the point of the Republican legislatures changing the electors is even if they succeeded. The House would refuse to accept the results, would appoint Joe Biden Speaker, and he gets inaugurated on 01/20 anyway.

There's a statute that Congress passed that says that if the House and Senate disagree, whichever set of electoral votes certified by the state's governor controls. But I think there's a good argument that that statute is itself unconstitutional, as the Constitution clearly gives sole power to choose electors to the legislatures, and doesn't give any authority to the governors.

Supposing that SCOTUS finds that statute unconstitutional, and the House and Senate deadlock, I guess the next question is whether the House has to vote on a new President. If they do, they would vote 1 vote per state so Trump would win. But supposing the Democrats flee DC and try to deny the House a quorum? I think the Senate chooses the Vice President, so they vote for Pence as VP (or, if this is all planned before the electors vote, at least one of the R electors switches his VP vote from Pence to Trump and the Senate can vote for Trump as VP directly).

Then inauguration day comes without a new President, so the newly elected Vice President (either Trump or Pence depending on how well this is planned) becomes President.

But this is all so antithetical to our democratic tradition that it's hard to imagine this working. Much like the Queen dissolving Parliament and ruling from the throne.

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September 1, 2003; November 4, 2007; September 2, 2013
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