Political Republican Opinion:
As I was in the process of finishing up my National Defense Issue post in the Comparing McCain and Obama Series, I became distracted by an article that appeared on The Washington Times online. The article explores the possibility that the 2008 presidential contest could finish in an Electoral College 269-269 tie.
Think it can’t happen? “Take the 2004 map and switch Iowa, New Mexico and Colorado into the Blue column, which is what the poll numbers indicate. Then, take New Hampshire and give it to McCain, which is what two recent polls suggest is going to happen. There is your tie,” the article states. Another possible scenario offereded in The Washington Times article is, “if … John McCain wins Ohio, Virginia, New Hampshire and Indiana - not at all far-fetched - and Mr. Obama takes reliably Democratic states Pennsylvania and Michigan, and flips Colorado (in which he holds a slight poll lead), with the two splitting New Mexico and Nevada, the electoral vote would be tied at 269.” Then, what would happen?
Well, according to the article, things get pretty dicey as far as the U.S. Constitution is concerned. The framers of the Constitution were fairly vague in their wording of the procedures that would follow. The confusion all centers on whether the currently sitting Congress would determine the tie-breaker or whether the newly elected Congress would.
The Constitution states that the House of Representatives “shall immediately” choose by ballot, the new President. Because the Electoral College ballots are counted in December, some argue that the outgoing Congress would be in charge of making the decision.
Others argue that operative - and decisive - verbiage was set out in U.S. Code Title 3, Chapter 1, Section 15, in 1934. It states that “”Congress shall be in session on the sixth day of January succeeding every meeting of the electors. The Senate and House of Representatives shall meet in the Hall of the House of Representatives at the hour of 1 o’clock in the afternoon on that day.”
The Constitution further provides that the Senate would choose the Vice President in such a scenario. This means that we could have an Obama-Palin White House or a McCain-Biden one. The possibility exists that Dick Cheney may be responsible for selecting the next Vice President, as well!
Other possible scenarios?
The newly elected House is unable to come up with a majority in which case, the burden falls upon the newly elected Senate to choose an acting President until the House can break the deadlock. The Washington Times article assumes in this scenario, that a Democrat-controlled Senate may choose Joe Biden as the acting President, should the House be unable to break the tie by noon on January 20, 2009 – inauguration day.
In another equally far-fetched scenario, neither the House nor the Senate is able to come up with a majority for the President or Vice President by January 20th. In this case, the Speaker of the House, currently Nancy Pelosi, would become the acting President until the whole mess is settled.
Regardless of which scenario you choose, The Political Republican Opinion Blog feels there would be a lengthy series of legal challenges that might leave the office of the President of the United States legally “vacant” for years. If precedent is any indicator, however, the same issue was decided in 1800, when Thomas Jefferson was appointed President by the newly elected House of Representatives in February after an Electoral College tie with Raymond Burr.
A fun read, all-in-all! See the complete article here: 269 tie: An electoral college ‘doomsday’? Oh … and I’m almost done with the previously mentioned National Defense Issue post, coming soon to a computer near you …







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