09-25-2020, 09:32 AM
Under the US Constitution The House of Representatives must meet at least once a year on January 3rd. If this date is after an election, the House must certify the results of the election. If the election results are inconclusive by that date then the House shall vote to choose a President. The vote is done on a state by state basis with each state getting one vote. So whichever Party has the most representatives in a particular state...that Party chooses who it will vote for. Right now the split is 25 Republican states and 24 Democrat states and one tie. So if this doesn't change in the election then Trump would get re-elected... not Joe Biden, and certainly not Nancy Pelosi.
Either way... the Constitution provides for the Senate to elect the Vice President. Theoretically it is possible under these circumstances to have the President from one party and the Vice President from the other.
What the Framers of the US Constitution did not envision was that the House itself would be in dispute which is a distinct possibility. It may well be the case that there are still disputed House seats by January 3rd 2021 which leaves the messy situation of how can The House fulfill its constitutional obligations on January 3rd.
A situation like this could end up in the Supreme Court to arbitrate and this leads to the thorny issue of the vote to replace RBG. This vote could potentially result in who wins the next election.
Either way... the Constitution provides for the Senate to elect the Vice President. Theoretically it is possible under these circumstances to have the President from one party and the Vice President from the other.
What the Framers of the US Constitution did not envision was that the House itself would be in dispute which is a distinct possibility. It may well be the case that there are still disputed House seats by January 3rd 2021 which leaves the messy situation of how can The House fulfill its constitutional obligations on January 3rd.
A situation like this could end up in the Supreme Court to arbitrate and this leads to the thorny issue of the vote to replace RBG. This vote could potentially result in who wins the next election.
