12th/20th Amendment Procedures

[Beefalow and the Consumer]

Which Congress gets to count and certify the electoral votes?  Is it the current Congress, or the incoming Congress?  In the event of a 269-269 tie, which Congress gets to vote for President and Vice President?  The current Congress, or the incoming Congress?  Who presides over the Senate?  The current Vice President?

Currently, Republicans control 26 state delegations in the House, and 51 of the Senate seats (plus Cheney's tiebreak).  So, in the current Congress, Bush and Cheney would win a 269-269 tie (baring shenanigans from rogue Republicans).

But the makeup of the next Congress is very much in doubt.  Especially the Senate.  A really interesting scenario is that the House doesn't choose a President (no majority of state delegations), and the Senate votes on the Vice-President, who would then become President.  If the Senate is tied 50-50, the President of the Senate will be break the tie for the person who becomes President... So Dick Cheney could cast the vote to make himself President???

(I find the wording of the 12th and 20th Amendments very confusing, so I'm not exactly sure how this works)

[Beefalow and the Consumer]

If the election goes to the House, the states vote as a delegation.

Yes, that's why I mentioned that in the current House, the Republicans control 26 delegations.  The current House would elect Bush.  That could change.

And what happens if the House remains deadlocked, and can't choose a President (the Democrats hold up the appointment of judges indefinitely - what do you think they'd do if the presidency were on the line)?

If they are unable to determine a winner by Jan. 20, the Vice President becomes Acting President (Dick Cheney) until they are able to come to a decision.

According to www.usconstitution.net, senators vote individually but only amongst the top two vote-getters for Vice President provided there is 2/3 quorum. If there is a tie, the current VP votes and could vote for himself. The most interesting scenario is that the House cannot decide by Inauguration Day and Cheney becomes Acting President and must also vote for himself to become Vice President in a new administration.  Would he as Acting President be required to appoint an Acting VP who would serve until the House elects a new President.

This seems like a very likely scenario to me.

Another interesting one, and quite feasible, is a Bush-Edwards administration.  I'd kinda like that, actually.

[Beefalow and the Consumer]

or Acting President Pelosi

AAAAAAGH!

That's the scariest thing I've ever heard.  No system of government should ever lead to the possibility of "Acting President Pelosi," no matter how remote that possibility is

If the House cannot decide by January 20 he will become Acting President until the House DOES decide. The House can take until the next presidential election to choose. That is the way it works.

So, if there aren't 26 state delegations controlled by one party, it's pretty much a guarantee that the Acting President will be Acting until at least January 2007.

Damn, that could get messed up.

11/2/04: 269-269 tie, Democrats re-take CT House delegation, retake majority in Senate

1/6/05: House deadlocked on Presidential vote, Senate elects Edwards VP

1/20/05: Edwards becomes Acting President, appoints Acting VP, Cabinet.

11/7/06:  North Dakota elects Republican congressman, giving the Republicans their 26 states back.

1/3/07: House elects George W Bush President!!!!

1/4/07: George Bush sworn in, fires Edwards Cabinet, re-appoints Rumsfeld, Ashcroft, etc...

Now, this brings up an interesting question: would Bush be elegible for a 3rd term?  Would the House actually delay their election of Bush (until after 1/20/07) to allow him to be elegible for a 3rd term?