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What happens in a tie?


RossInfoMan
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With a total of 538 electoral votes, meaning that you need 270 to win, what happens if each candidate gets 269? Looking at the map, it is entirely possible, so I was just wondering what the procedure was, because I have never heard of this as a possibility. Im not looking for a cynical or nonsense answer, I was wondering what the real procedure is.

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I found a little tidbit that may answer your question

 

Once it has been established there is a tie, it becomes the responsibility of the 435 members of the House of Representatives to choose the next President of the United States. However, a special voting procedure is employed in this situation. Each state receives only one vote, and the representatives from each state have to decide which candidate gets theirs. (For example, all 30 of Texas' representatives will vote individually. Then their votes are tallied. Which ever candidate receives a majority of these 30 votes wins Texas' one vote; if no candidate receives a majority of these 30 votes, Texas' one vote is not cast.) Members from at least 34 states must be present for this vote to count. Which ever candidate receives the votes of at least 26 states is declared the President. If no one reaches 26 votes, further balloting is done. (It took the Representatives 36 ballots over 6 days to reach a winner in the 1800 election!)

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I found a little tidbit that may answer your question

 

Once it has been established there is a tie, it becomes the responsibility of the 435 members of the House of Representatives to choose the next President of the United States. However, a special voting procedure is employed in this situation. Each state receives only one vote, and the representatives from each state have to decide which candidate gets theirs. (For example, all 30 of Texas' representatives will vote individually. Then their votes are tallied. Which ever candidate receives a majority of these 30 votes wins Texas' one vote; if no candidate receives a majority of these 30 votes, Texas' one vote is not cast.) Members from at least 34 states must be present for this vote to count. Which ever candidate receives the votes of at least 26 states is declared the President. If no one reaches 26 votes, further balloting is done. (It took the Representatives 36 ballots over 6 days to reach a winner in the 1800 election!)

602098[/snapback]

in other words, bush wins

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whats even more interesting is that if there is a tie, the newly elected House chooses the Pres and the newly elected Senate chooses the VP. There is a chance the dems take over the Senate at which point they might be pissed enough to put Kerry as VP. Can you imagine that scenario?

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It requires a 2/3 majority to choose the VP, it is unlikely that the dems will have a two thirds majority, so whoever would be chosen as VP will have to be a compromise, and furthermore the Senate can only choose from the the 2 candidates that were on the distinct VP ballot, so they would be able to choose either cheney or edwards not kerry. (Amendment XII USC)

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whats even more interesting is that if there is a tie, the newly elected House chooses the Pres and the newly elected Senate chooses the VP. There is a chance the dems take over the Senate at which point they might be pissed enough to put Kerry as VP. Can you imagine that scenario?

602106[/snapback]

 

It requires a 2/3 majority to choose the VP, it is unlikely that the dems will have a two thirds majority, so whoever would be chosen as VP will have to be a compromise, and furthermore the Senate can only choose from the the 2 candidates that were on the distinct VP ballot, so they would be able to choose either cheney or edwards not kerry. (Amendment XII USC)

602132[/snapback]

I don't get it.

 

So what happens if neither Edwards nor Cheney (nor Camejo..hehe) gets 2/3 of the senate vote?

 

Can they pick a non-VP nominee (e.g. mccain)?

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whats even more interesting is that if there is a tie, the newly elected House chooses the Pres and the newly elected Senate chooses the VP. There is a chance the dems take over the Senate at which point they might be pissed enough to put Kerry as VP. Can you imagine that scenario?

602106[/snapback]

 

It requires a 2/3 majority to choose the VP, it is unlikely that the dems will have a two thirds majority, so whoever would be chosen as VP will have to be a compromise, and furthermore the Senate can only choose from the the 2 candidates that were on the distinct VP ballot, so they would be able to choose either cheney or edwards not kerry. (Amendment XII USC)

602132[/snapback]

I don't get it.

 

So what happens if neither Edwards nor Cheney (nor Camejo..hehe) gets 2/3 of the senate vote?

 

Can they pick a non-VP nominee (e.g. mccain)?

602201[/snapback]

 

The text of the const. makes it seem like they need to choose bw the candidates involved in the tie, most likely there would have to be a concession if bush gets picked pres, theyd most likely take edwards as VP

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Yup, the House chooses. Which, btw, has happened once in our nation's history. However, we don't have precedent for the Senate choosing the VP, because at the time the second place finisher of the presidential elections was named the vice president.

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I was looking through the Constitution as I was writing an article on Electorate Reform, and I came across the 12th amednment, which is what determines the happenings if there is a tie and also states that VP will run with the President (remember the whole Burr was Jefferson's VP situation).

 

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 of 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. 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.

 

I bolded the text about choosing the VP, because this is where we disagree. Many here read this as the Senate needing to cast 2/3 vote in favor of a candidate, but I read this as the Senate needing a majority and 2/3 of the Senate having to be present for the vote to be able to be cast.

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I'm thinking the only reason the 2/3 is in there is because this amendment was written into the Constitution in 1804, when travel wasn't the quickest and congressmen were usually only in DC for a month or two at most. Most of them probably wouldn't be there at the same time, this is insuring it.

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