Weird election scenarios

[Richard D. Friedman]

A student told me today -- I don't know if this is true -- that the
Republicans control 25 delegations, the Dems 20, and 5 are split.  Which
means that the Republicans couldn't elect a candidate in the House, unless
somebody buckles, because a majority is necessary.  So what happens
then?  The new Senate votes for VP.  I gather it may be split 50-50.  So
does the VP -- the old VP, Gore, because this is before Jan. 20 -- break
the tie?  The 12th amendment says a majority of the whole number is
necessary for a choice, and I don't know if that means the VP gets to break
the tie.  (It may be -- this clause is in contradistinciton to the quorum
requirement).  If Gore gets to break the tie, he votes for Lieberman.  And
if the House hasn't resolved the deadlock by Jan. 20, then Lieberman
becomes acting President until such time as the deadlock is resolved. If
neither President nor VP is chosen by Jan. 20, then under 3 USC sec.
19(a)(1), the Speaker of the House can resign from the House and the
speakership and act as President.  That's the way I read it, anyway; I
claim no expertise here.

Rich Friedman

At 01:26 PM 11/8/00 -0500, you wrote:
>What if Bush wins Florida, and loses Oregon, winning the Electoral
>College 271-267?  It would only take two rogue electors, e.g., radical
>pro-lifers, or libertarians (one Nixon elector voted for the Libertarian
>candidate in 1972) to throw the election to the House.  How carefully do
>the parties vet the electors.  Surely some electors will be tempted get
>a buddy to vote with me and send the election to the House to get their
>fifteen minutes of fame (the right to spout off on anything you want on
>the Today show, Nightline, this week, etc.)
>Do the Republicans control most House delegations?
>
>David E. Bernstein
>Associate Professor
>George Mason University
>School of Law
>3401 N. Fairfax Drive
>Arlington, VA 22201
>(703) 993-8089
>dbernste at wpgate.gmu.edu
><http://members.aol.com/deliotb/home.html>