Elector discretion

[James Maule]

>>> crossf at MAIL.UTEXAS.EDU 11/09/00 12:02AM >>>

Suppose that George Bush suffered a tragic accident and died next week.
Wouldn't it make sense then for the electors to pick Gore, the winner of
the popular vote?

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Considering that the vice-presidential candidates in many ways instill far more confidence in the electorate, did a far better job with their debate, and represent the same party as the presidential candidate, it would be just as plausible (and questionable) for the Bush electors to vote for Cheney.

Or, so what if Bush dies? He could still be elected (see Missouri, ha ha), with the electors knowing a vote for Bush is a vote for Cheney. Now that there is precedent for electing a dead person to the Senate (which must have Caligula rolling over, with his horse trick now fading as the number one silliness), there is precedent for electors to vote for a dead candidate (especially if the "well, we really know this is a sympathy vote" justification is maintained with full knowledge of what a vote for the dead candidate really will mean).





Jim Maule
Professor of Law
Villanova University School of Law
Villanova PA 19085
maule at law.villanova.edu
http://vls.law.vill.edu/prof/maule