But there’s dueling electors in 7 states. Neither candidate is at 270. They need to throw the votes out in the contested states and let the house decide.
Once electors are thrown out, the 270 number is meaningless. It becomes a simple majority of the accepted electors. The ECA murks this all up as all attempts by gummint tend to do when they try to "clarify" an issue.
The problem is that Pence, Congress, et. al. make their determination in re: electors per the Office of the Federal Register/Archivist of the United States. Per US law, the only electoral results Pence can act upon--in effect, the only valid electoral results--are those presented by the Archivist:
...it shall be the duty of the executive of such State, as soon as practicable after such determination, to communicate under the seal of the State to the Archivist of the United States a certificate of such determination in form and manner as the same shall have been made; and the certificate or certificates so received by the Archivist of the United States shall be preserved by him for one year and shall be a part of the public records of his office and shall be open to public inspection; and the Archivist of the United States at the first meeting of Congress thereafter shall transmit to the two Houses of Congress copies in full of each and every such certificate so received at the National Archives and Records Administration [emphasis mine].
Note this page at the National Archives; there is only one result per state, and that's what Pence has to act upon.
As the Electoral Count Act of 1887 is enshrined within law--and has been for over 130 years--the role of the Archivist is clear. Remember a week ago, when people were jerking off over the "Pence Card" which ultimately amounted to nothing? The role of the Archivist is how I knew that it was BS.
And I think it's more of an *illusion *of a Constitutional crisis than an actual one. I get how people want there to be a Constitutional crisis, but consider: despite all of the lawsuits, all of the external pressure, all of the hearings, the process since November 3rd has unfolded *exactly *as outlined in the Constitution and the various interpretory statutes, with no deviations; the train is still on the rails. To paraphrase MacBeth, everything else is sound and fury.
No disrespect but I think you’re misinformed because the candidate has to have 270 votes to become president and if they don’t have them it goes to the house. It’s not based on the majority of the electoral college votes. If neither candidate has 270 votes it goes to the house and the house will decide.
So it is a question and would/will be a heated battle after Wednesday. You know there have been many discussions and links and opinions and legal arguments. I can't remember which one told of how Thomas Jefferson made himself President but there is precedent.
270 is not in the Constitution, it is 538 electors/2 + 1. If the number of electors drops, the argument is the 270 number is moot. Thus the basis of my comment. This is a huge Constitutional crisis!
Again, a crisis question will be is 270 still valid if electors are thrown out, IMHO the threshold should decrease to valid electors/2 +1. This is gonna end up being a hotly contested case in courts. The Constitution does not contain the number 270.
I'm not sure if later laws clarified this.
Again, we are living a Constitutional crisis and it will not be decided at tdw!
It would be a contested election though and that’s when it would go to the house. I’m hearing so many different things and I heard the claim I have stated many times.
There is always a difference between CAN do and WILL do. But I'm hopeful.
So it’s between the 12th amendment or the ECA...without the majority Pence can choose which electors to count under the 12th amendment.
He misses the clause in the 12th that says the person receiving the majority of the counted vote shall be President. Pesky little details.
But there’s dueling electors in 7 states. Neither candidate is at 270. They need to throw the votes out in the contested states and let the house decide.
Once electors are thrown out, the 270 number is meaningless. It becomes a simple majority of the accepted electors. The ECA murks this all up as all attempts by gummint tend to do when they try to "clarify" an issue.
The problem is that Pence, Congress, et. al. make their determination in re: electors per the Office of the Federal Register/Archivist of the United States. Per US law, the only electoral results Pence can act upon--in effect, the only valid electoral results--are those presented by the Archivist:
Note this page at the National Archives; there is only one result per state, and that's what Pence has to act upon.
Be careful there, the Archivist is extra-Constitutional and A12 says "shall be presented to the President of the Senate"
This whole thing is a result of lawyers fucking with our heads. Did I say this here? We are living a Constitutional crisis. Real time.
As the Electoral Count Act of 1887 is enshrined within law--and has been for over 130 years--the role of the Archivist is clear. Remember a week ago, when people were jerking off over the "Pence Card" which ultimately amounted to nothing? The role of the Archivist is how I knew that it was BS.
And I think it's more of an *illusion *of a Constitutional crisis than an actual one. I get how people want there to be a Constitutional crisis, but consider: despite all of the lawsuits, all of the external pressure, all of the hearings, the process since November 3rd has unfolded *exactly *as outlined in the Constitution and the various interpretory statutes, with no deviations; the train is still on the rails. To paraphrase MacBeth, everything else is sound and fury.
I would just like to note that I was right in how this played out.
If you review, I was talking about the theories and possibilities and did not say I was going to be right.
Now, you just run along and tell someone who cares, like your mommy.
No disrespect but I think you’re misinformed because the candidate has to have 270 votes to become president and if they don’t have them it goes to the house. It’s not based on the majority of the electoral college votes. If neither candidate has 270 votes it goes to the house and the house will decide.
So it is a question and would/will be a heated battle after Wednesday. You know there have been many discussions and links and opinions and legal arguments. I can't remember which one told of how Thomas Jefferson made himself President but there is precedent.
270 is not in the Constitution, it is 538 electors/2 + 1. If the number of electors drops, the argument is the 270 number is moot. Thus the basis of my comment. This is a huge Constitutional crisis!
Thanks for the respectful discourse!
Read the fourth paragraph here it explains what happens in a tie or if neither candidate is at 270
https://www.woodfordtimes.com/story/news/2020/11/04/what-happens-if-neither-presidential-candidate-gets-270-votes/42989497/
That is if there is a tie. 269-269.
Again, a crisis question will be is 270 still valid if electors are thrown out, IMHO the threshold should decrease to valid electors/2 +1. This is gonna end up being a hotly contested case in courts. The Constitution does not contain the number 270.
I'm not sure if later laws clarified this.
Again, we are living a Constitutional crisis and it will not be decided at tdw!
Wish the Donald could decide. I’m confident Trump will win.
It would be a contested election though and that’s when it would go to the house. I’m hearing so many different things and I heard the claim I have stated many times.
Nothing. Pence can do nothing.
I’m guessing you didn’t read it...the article explains the process.
Meister is a real-estate and business litigation attorney. In re: constitutional law, he's way over his head.
I'm sorry, I should've said Pence won't do anything.
Nancy Pelosi has entered the chat
I agree. He can do things to stop the steal........but he won’t.