How is it a constitutional gray area? Do you mean that in the sense that the electoral count act has not been challenged since passed?
It appears from I have read of the text and comments to the 12th amendment that
full and exclusive authority/ discretion is vested in the VP.
that it goes to the house by delegation if the VP cannot choose.
Again, I may be overlooking something, but I don’t see how the electoral count act could change the constitutionally established procedure. It was a conventional piece of legislation passed by simple majority of legislature; a constitutional amendment would be necessary to alter the 12th amendment.
How is it a constitutional gray area? Do you mean that in the sense that the electoral count act has not been challenged since passed?
It appears from I have read of the text and comments to the 12th amendment that
full and exclusive authority/ discretion is vested in the VP.
that it goes to the house by delegation if the VP cannot choose.
Again, I may be overlooking something, but I don’t see how the electoral count act could change the constitutionally established procedure. It was a conventional piece of legislation passed by simple majority of legislature; a constitutional amendment would be necessary to alter the 12th amendment.