Cheney

[Richard D. Friedman]

In response to Doug, I'm not sure that the electors'  decision as to
residence is authoritative.  I think that the sealing makes the certified
votes authoritative that these are the votes of the electors, but I'm not
sure it resolves  the residence issue.  Why wouldn't the authoritative body
be whoever is supposed to count the votes, presumably the Senate or somehow
Congress jointly?  (I don't think this matter was resolved in 1876, was
it?)  Electors have a systematic interest in the matter (home-state
interest), so it would make sense for some other entity to be the judge.

By the way if the Republicans are worried about the problem, they could get
their act together to halve the window in which it arises.  If I recall
right, TX has 32 electoral votes.  So if apart from TX Bush gets 270 or
more, or 238 or less, the problem doesn't arise.   If he gets between 254
and 269 and they're risk averse, they should just split the TX delegation
and both get elected without question.  Between 239 and 253, they'd have to
choose either to elect Bush without question, leaving the election of the
VP to the Senate, or go for an electoral victory for both candidates and
face a potential issue in Congress.

Rich Friedman