Question

KatieKate

Rookie
Oct 10, 2004
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I'm not sure if I'm posting this is the correct forum, but what happens if neither candidate gets the 270 electoral vote needed. Does it go to the popular vote or does it go elsewhere? I would like to apologize in advance if I indeed placed this question in the wrong forum.
 
KatieKate said:
I'm not sure if I'm posting this is the correct forum, but what happens if neither candidate gets the 270 electoral vote needed. Does it go to the popular vote or does it go elsewhere? I would like to apologize in advance if I indeed placed this question in the wrong forum.

If no candidate obtains the required number of electoral votes, then the US House of Representatives is responsible for selecting the President. A simple majority of 26 states would be required. In the case where there is not a sufficient number of electoral votes, then the US Senate is responsible for selecting the Vice President. If the House splits 25 states to 25 states on the Presidential vote, then the US Senate is also responsible for selecting the President. Now consider the case where the US Senate also splits, then what? In the case of 50 to 50 splits in the Senate, the Vice President is supposed to cast the deciding vote. However, this process would occur after 20 January. Who then would be Vice President? Many constitutional scholars argue that it would be inadmissible for the sitting Vice President to cast the deciding vote in such a case. The 12th Amendment to the Constitution requires that the Senate obtain a simple majority to select between the candidates. Thus, it is argued, in the case where the US Senate splits 50 to 50 on its choice for President, then the US Speaker of the House of Representatives would become President. In such an eventuality, the legality of the US Speaker becoming President would likely be tested in the US Supreme Court.
 

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