I Dont Think That Dims Understand How a Murky, Undetermined Electoral College Will Work Out.....

JimBowie1958

Old Fogey
Sep 25, 2011
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Lets say we have mail-in ballots in enough states that the election results are indeterminate in those nine states by December 18, when the Electoral College is to enter their slate of electoral votes, and thus they have no slate of delegates to send in to Congress.

Each state's winning slate of electors then meets at their respective state's capital on the first Monday after the second Wednesday in December to cast their electoral votes on separate ballots for president and vice president. Although Electoral College members can vote for anyone under the U.S. Constitution, 32 states plus the District of Columbia have laws against faithless electors,[25][26] those electors who do not cast their electoral votes for the person for whom they have pledged to vote. The Supreme Court ruled unanimously in the case Chiafalo v. Washington on July 6, 2020 that the constitution does not prevent states from penalizing or replacing faithless electors.
In early January, the total Electoral College vote count is opened by the sitting vice president, acting in his capacity as President of the Senate, and read aloud to a joint session of the incoming Congress, which was elected at the same time as the President.
If no candidate receives a majority of the electoral vote (at least 270), the President is determined by the rules outlined by the Twelfth Amendment. Specifically, the selection of President would then be decided by a contingent election in a ballot of the House of Representatives. For the purposes of electing the President, each state has only one vote. A ballot of the Senate is held to choose the Vice President. In this ballot, each senator has one vote. The House has chosen the victor of the presidential race only twice, in 1800 and 1824; the Senate has chosen the victor of the vice-presidential race only once, in 1836.

US 12th Amendment to the Constitution

The Electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and all persons voted for as Vice-President and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate;
The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted;
The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President.[a]
The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.

1598764809861.png


Now with mail-in ballots, those states that automatically send you an application to vote absentee, these are not a problem so much since there is an authentication process that is fairly well established and tried-true.

The states that automatically send out ballots to all registered voters are the ones in question, except Utah where they have done this before.

So, if on December 18th, a group of states are not ready to send in the slate of electors because they are having issues with unrequested mail-in ballots (CA, OR, HA, WA, NV, UT, CO, VR, and NJ), as long as at least 26 states do send in electors, then the Electoral College vote is taken, meaning those other 24 states are simply ignored. The max problem states are only 8 right now, not counting UT, so it wont come close to preventing a quorum on the Electoral College vote.

But if that vote is taken and it is an even split, which is unlikely since Blue States will be the most likely to not have a slate of Electoral Delegates ready, it will then go to a House vote.

If it comes to a House vote by state, Republicans control 26 state delegations and Democrats only 22, with Michigan and Pennsylvania being tied, but those last two dont matter as the GOP's 26 is a majority.

Trump is, once again, playing the left for fools, by acting like they have some inherent advantage to universal mail-in ballots, when actually, no, it works against the Dimocrats, but they are insisting on it because they reflexively oppose Trump.


So basically, the stupid Dimocrats are potentially cheating themselves out of the election with their mail-in vote shenanigans due to their own TDS.

They are trying to create chaos to delegitimize Trumps win, but it cannot work since Red states outnumber blue states in the House.


1598765435343.png
 
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Lets say we have mail-in ballots in enough states that the election results are indeterminate by December 18, when the Electoral College is to enter their slate of electoral votes.
In a month and a half? Only if the IMPOTUS' and supporters' hope of a destabilised electoral system is successful beyond their wildest dreams.
 
  • Thanks
Reactions: IM2
You put some time into that. Very informative.
Thanks
Yeah, our electoral process is much more complicated than people think and takes into account many contingencies, and 99.999% of Americans do not understand it that much.

But many Dems seem to think if it comes down to the House vote, Nancy Pelosi becomes President, lol, and no,. that is not how it works at all.
 
Lets say we have mail-in ballots in enough states that the election results are indeterminate in those nine states by December 18, when the Electoral College is to enter their slate of electoral votes, and thus they have no slate of delegates to send in to Congress.

Each state's winning slate of electors then meets at their respective state's capital on the first Monday after the second Wednesday in December to cast their electoral votes on separate ballots for president and vice president. Although Electoral College members can vote for anyone under the U.S. Constitution, 32 states plus the District of Columbia have laws against faithless electors,[25][26] those electors who do not cast their electoral votes for the person for whom they have pledged to vote. The Supreme Court ruled unanimously in the case Chiafalo v. Washington on July 6, 2020 that the constitution does not prevent states from penalizing or replacing faithless electors.
In early January, the total Electoral College vote count is opened by the sitting vice president, acting in his capacity as President of the Senate, and read aloud to a joint session of the incoming Congress, which was elected at the same time as the President.
If no candidate receives a majority of the electoral vote (at least 270), the President is determined by the rules outlined by the Twelfth Amendment. Specifically, the selection of President would then be decided by a contingent election in a ballot of the House of Representatives. For the purposes of electing the President, each state has only one vote. A ballot of the Senate is held to choose the Vice President. In this ballot, each senator has one vote. The House has chosen the victor of the presidential race only twice, in 1800 and 1824; the Senate has chosen the victor of the vice-presidential race only once, in 1836.

US 12th Amendment to the Constitution

The Electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and all persons voted for as Vice-President and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate;
The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted;
The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President.[a]
The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.

View attachment 382031

Now with mail-in ballots, those states that automatically send you an application to vote absentee, these are not a problem so much since there is an authentication process that is fairly well established and tried-true.

The states that automatically send out ballots to all registered voters are the ones in question, except Utah where they have done this before.

So, if on December 18th, a group of states are not ready to send in the slate of electors because they are having issues with unrequested mail-in ballots (CA, OR, HA, WA, NV, UT, CO, VR, and NJ), as long as at least 26 states do send in electors, then the Electoral College vote is taken, meaning those other 24 states are simply ignored. The max problem states are only 8 right now, not counting UT, so it wont come close to preventing a quorum on the Electoral College vote.

But if that vote is taken and it is an even split, which is unlikely since Blue States will be the most likely to not have a slate of Electoral Delegates ready, it will then go to a House vote.

If it comes to a House vote by state, Republicans control 26 state delegations and Democrats only 22, with Michigan and Pennsylvania being tied, but those last two dont matter as the GOP's 26 is a majority.

Trump is, once again, playing the left for fools, by acting like they have some inherent advantage to universal mail-in ballots, when actually, no, it works against the Dimocrats, but they are insisting on it because they reflexively oppose Trump.


So basically, the stupid Dimocrats are potentially cheating themselves out of the election with their mail-in vote shenanigans due to their own TDS.

They are trying to create chaos to delegitimize Trumps win, but it cannot work since Red states outnumber blue states in the House.


View attachment 382034
Thanks for the gobs of info!!!
 
Thanks for the gobs of info!!!
The simpler summary is this:
Democrats seem to think that if there are undetermined states at the time of the December 18 Electoral College vote, where a joint session of the Senate and House is led by the VP Pence.

A quorum is not required for this vote, other than a simple 26 state majority, and the reading of the state delegations votes is held come Hell or High Water, as long as 26 state Electoral delegate slates are read. This is all in the 12th Amendment.

So if the eight blue states that send out ballots to everyone without their request cannot resolve their vote count by December 18 and fail to send in their delegate count to be read in the joint session, they get passed over. They dont hold anything up.

But lets say that the Electoral College vote is a tie, which is highly doubtful and it goes to the House for the final decision, it wont be Nancy Pelosi winning or Biden, because the vote in this case is a special kind of vote, with one vote for each state, determined by their congressional delegation.

And guess what? Republicans control 26 state delegations to the House and Dems only control 22, with Michigan and Pennsylvania tied. This means Trump wins in the House, not Democrats.

Trump is playing the Democrats like a fiddle with his 'opposition' to mail-in balloting as the most it will do is disqualify BLUE states for the December 18 Electoral College vote, and not hurt Trump and the GOP AT ALL. TDS is defeating the Dimocrats once again.

 

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Democrats seem to think that if there are undetermined states at the time of the December 18 Electoral College vote, where a joint session of the Senate and House is led by the VP Pence.
Really? Which Democrats think whatever incoherent thought you've assigned to them here, whatever it is?
 
Here are two maps with predictable finishes and the second map showing how the map looks without the 8 Democrat states doing universal ballots for the first time.

1598805843607.png


The mail-in ballot states are HELPING Trump win election, lol, by taking their own state out of the December 18 Electoral College reading of delegate slates.
 
Lets say we have mail-in ballots in enough states that the election results are indeterminate in those nine states by December 18, when the Electoral College is to enter their slate of electoral votes, and thus they have no slate of delegates to send in to Congress.

Each state's winning slate of electors then meets at their respective state's capital on the first Monday after the second Wednesday in December to cast their electoral votes on separate ballots for president and vice president. Although Electoral College members can vote for anyone under the U.S. Constitution, 32 states plus the District of Columbia have laws against faithless electors,[25][26] those electors who do not cast their electoral votes for the person for whom they have pledged to vote. The Supreme Court ruled unanimously in the case Chiafalo v. Washington on July 6, 2020 that the constitution does not prevent states from penalizing or replacing faithless electors.
In early January, the total Electoral College vote count is opened by the sitting vice president, acting in his capacity as President of the Senate, and read aloud to a joint session of the incoming Congress, which was elected at the same time as the President.
If no candidate receives a majority of the electoral vote (at least 270), the President is determined by the rules outlined by the Twelfth Amendment. Specifically, the selection of President would then be decided by a contingent election in a ballot of the House of Representatives. For the purposes of electing the President, each state has only one vote. A ballot of the Senate is held to choose the Vice President. In this ballot, each senator has one vote. The House has chosen the victor of the presidential race only twice, in 1800 and 1824; the Senate has chosen the victor of the vice-presidential race only once, in 1836.

US 12th Amendment to the Constitution

The Electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and all persons voted for as Vice-President and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate;
The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted;
The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President.[a]
The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.

View attachment 382031

Now with mail-in ballots, those states that automatically send you an application to vote absentee, these are not a problem so much since there is an authentication process that is fairly well established and tried-true.

The states that automatically send out ballots to all registered voters are the ones in question, except Utah where they have done this before.

So, if on December 18th, a group of states are not ready to send in the slate of electors because they are having issues with unrequested mail-in ballots (CA, OR, HA, WA, NV, UT, CO, VR, and NJ), as long as at least 26 states do send in electors, then the Electoral College vote is taken, meaning those other 24 states are simply ignored. The max problem states are only 8 right now, not counting UT, so it wont come close to preventing a quorum on the Electoral College vote.

But if that vote is taken and it is an even split, which is unlikely since Blue States will be the most likely to not have a slate of Electoral Delegates ready, it will then go to a House vote.

If it comes to a House vote by state, Republicans control 26 state delegations and Democrats only 22, with Michigan and Pennsylvania being tied, but those last two dont matter as the GOP's 26 is a majority.

Trump is, once again, playing the left for fools, by acting like they have some inherent advantage to universal mail-in ballots, when actually, no, it works against the Dimocrats, but they are insisting on it because they reflexively oppose Trump.


So basically, the stupid Dimocrats are potentially cheating themselves out of the election with their mail-in vote shenanigans due to their own TDS.

They are trying to create chaos to delegitimize Trumps win, but it cannot work since Red states outnumber blue states in the House.


View attachment 382034

You are so full pf bullshit. Washington, Oregon and Colorado have done this several times. We know how each of these states are going. None of them are swing states in my book.
 
If it comes to a House vote by state, Republicans control 26 state delegations and Democrats only 22, with Michigan and Pennsylvania being tied, but those last two dont matter as the GOP's 26 is a majority.

The new congress takes their seats on January 3rd, the counting of electoral votes is conducted afterwards on the 6th. I suspect the GOP will gain in the House this November and have an even bigger margin than the 26 you indicate they have now.

The most reasonable delay in deciding the election that I've heard is if Trump loses and pursues taking to court the election results of various states. The guy is lawsuit prone.
 
If it comes to a House vote by state, Republicans control 26 state delegations and Democrats only 22, with Michigan and Pennsylvania being tied, but those last two dont matter as the GOP's 26 is a majority.

The new congress takes their seats on January 3rd, the counting of electoral votes is conducted afterwards on the 6th. I suspect the GOP will gain in the House this November and have an even bigger margin than the 26 you indicate they have now.

The most reasonable delay in deciding the election that I've heard is if Trump loses and pursues taking to court the election results of various states. The guy is lawsuit prone.
Shhh

Don’t burst his bubble.
 
If it comes to a House vote by state, Republicans control 26 state delegations and Democrats only 22, with Michigan and Pennsylvania being tied, but those last two dont matter as the GOP's 26 is a majority.

The new congress takes their seats on January 3rd, the counting of electoral votes is conducted afterwards on the 6th. I suspect the GOP will gain in the House this November and have an even bigger margin than the 26 you indicate they have now.

The most reasonable delay in deciding the election that I've heard is if Trump loses and pursues taking to court the election results of various states. The guy is lawsuit prone.

You are dead wrong Republicans are the ones facing huge problems. They are facing a tough race in Alaska, Pennsylvania and several other states. That 26 is definitely in danger of turning around.
 
If it comes to a House vote by state, Republicans control 26 state delegations and Democrats only 22, with Michigan and Pennsylvania being tied, but those last two dont matter as the GOP's 26 is a majority.

The new congress takes their seats on January 3rd, the counting of electoral votes is conducted afterwards on the 6th. I suspect the GOP will gain in the House this November and have an even bigger margin than the 26 you indicate they have now.

The most reasonable delay in deciding the election that I've heard is if Trump loses and pursues taking to court the election results of various states. The guy is lawsuit prone.

You are dead wrong Republicans are the ones facing huge problems. They are facing a tough race in Alaska, Pennsylvania and several other states. That 26 is definitely in danger of turning around.

No danger. Trump is getting 300+ anyway
 
The new congress takes their seats on January 3rd, the counting of electoral votes is conducted afterwards on the 6th. I suspect the GOP will gain in the House this November and have an even bigger margin than the 26 you indicate they have now.
Yes, I had a brain fart, getting old suxors. Thanks for correcting my senility.
  • Tuesday November 3, 2020 – Election Day
  • Monday December 14, 2020 – Electors cast their electoral votes
  • Wednesday January 6, 2021 – Congress counts and certifies the electoral votes
  • Wednesday January 20, 2021 – Inauguration Day
I had forgotten the 'horse and buggy' time frame of the late 1700's.

But I think my main point is still valid; the way the system works, if your slate of delegates is not prepared by January 6, when they are counted in a joint session of Congress led by Mike Pence, it is skipped over, and does not delay squat.

So mail-in voting isz just another way blue voters will disenfranchise themselves by much larger percentages. Any resulting confusion is on them alone and has no impact on the rest of the country.

The most reasonable delay in deciding the election that I've heard is if Trump loses and pursues taking to court the election results of various states. The guy is lawsuit prone.
Well, he is a Yankee so.....the most letigious society on the Face of the Earth.
 
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If it comes to a House vote by state, Republicans control 26 state delegations and Democrats only 22, with Michigan and Pennsylvania being tied, but those last two dont matter as the GOP's 26 is a majority.

The new congress takes their seats on January 3rd, the counting of electoral votes is conducted afterwards on the 6th. I suspect the GOP will gain in the House this November and have an even bigger margin than the 26 you indicate they have now.

The most reasonable delay in deciding the election that I've heard is if Trump loses and pursues taking to court the election results of various states. The guy is lawsuit prone.

You are dead wrong Republicans are the ones facing huge problems. They are facing a tough race in Alaska, Pennsylvania and several other states. That 26 is definitely in danger of turning around.

No danger. Trump is getting 300+ anyway

You are having a new wet dream. That is all it is. No basis in reality.
 
Interesting topic Jim, I've been reading up on it too!

A couple of questions first though, before deep debate on it....

-Why are you saying Utah is ok, because they've done this before, but not include the other 4 states that do only mail in ballot like Utah, and have done so for years under their election law?

From what I understand, Utah, Colorado, Washington State, Hawaii, and Oregon all have Mail out ballots to all registered voter system?


- And how the representatives come together to choose the President if the electoral college could not choose is also confusing.....

The house votes, but gets only one vote for the state.... since it is representatives that choose, do these delegation of representatives each get a vote among themselves within a State FIRST, to determine who the candidate will be, before they cast the single vote for each state, to determine the State's vote?

So let's say a State has 50 representatives, 26 are Demorcrat congressmen, and 24 are Republican, do they vote amongst themselves to choose who the candidate president their state will pick?

Or

What method is used for the House Representatives to pick the one candidate president for their State?



- And if the house picks president, and we are now on an indivisible president and vice president ticket.... exactly what does the Senate vote count for...? Once the House picks the President, there is no choice for the Senate to make on Vp?
 
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Interesting topic Jim, I've been reading up on it too!

A couple of questions first though, before deep debate on it....

lol, I dont know how deep in the weeds I can go as I am at best a dilletante,....

-Why are you saying Utah is ok, because they've done this before, but not include the other 4 states that do only mail in ballot like Utah, and have done so for years under their election law?

From what I understand, Utah, Colorado, Washington State, Hawaii, and Oregon all have Mail out ballots to all registered voter system?

Because of the scenario I am considering, mostly. We might not have any mail-in voting problems what so ever, but that would be very unusual for people to not fight over everything and cause delay.

Our partisan spleen is very inflamed right now. I was looking at the scenario many worry about, which is an indeterminate result from several states delaying the final results.

That cant happen unless 25 states fail to send in slates of delegate votes.

- And how the representatives come together to choose the President if the electoral college could not choose is also confusing.....

The house votes, but gets only one vote for the state.... since it is representatives that choose, do these delegation of representatives each get a vote among themselves within a State FIRST, to determine who the candidate will be, before they cast the single vote for each state, to determine the State's vote?

So let's say a State has 50 representatives, 26 are Demorcrat congressmen, and 24 are Republican, do they vote amongst themselves to choose who the candidate president their state will pick?

Or

What method is used for the House Representatives to pick the one candidate president for their State?

I think the congressional delegation of that state votes among themselves, but that is probably decided among themselves.

- And if the house picks president, and we are now on an indivisible president and vice president ticket.... exactly what does the Senate vote count for...? Once the House picks the President, there is no choice for the Senate to make on Vp?

Lol, I suspect that one is for SCOTUS to decide.

Has it ever come up?

My first thought is that the preceding President of the Senate conducts the vote on the new President of the Senate
 
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Lets say we have mail-in ballots in enough states that the election results are indeterminate in those nine states by December 18, when the Electoral College is to enter their slate of electoral votes, and thus they have no slate of delegates to send in to Congress.

This is where you are confused. We don't need definitive votes in all nine of the "Swing States". We just need them in about three. Maybe as few as two.

So imagine this scenario. Trump has lost nationally by about 10 million votes, (Very plausible as he is behind by double digits in NY, CA, NJ and IL). He's lost in PA and MI, and it's still up in the air in FL, GA, NC, AZ and WI.

Does he seriously still claim that he he has any kind of mandate if he is suing over each individual vote in five states where he's probably going to lose, anyway?

Simple enough solution to this problem. Get rid of the Electoral College.
 
Only if Trump' s plan of fighting it out in the courts to DELAY results, will that occur....

There is no reason those states won't cut voting short in absentee votes for president, (if need be, to meet the deadline, just like Fla did in 2000) when those dem state's already know their state's winner as President, the Democratic candidate..... if it were a close race, then suits by Trump could stall it, but it won't be a close race except maybe in Utah imo.


-------

No, it has not come up since we changed our voting on vp, to be a joined ticket with president...

And I do not know if New rules were written for that...though I'll search it, to find out....


Well, if congress stays about the same, with 40 plus more democrats as congress critters, they likely will be the majority of reps, in each state, if they pick, so the Dem is likely to get the presidency.

Also, people saying the next acting President would be Nancy, until congress picks a president, if that scenario did come up....are wrong.

Yes it would be the Speaker of the House, but know that once the House is sworn in January 3, they vote for a new speaker of the House.... Pelosi would need to win the position again, and I believe she was not going to run again for speaker....
 

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