Electoral College tie (user search)
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Poll
Question: Who will be President / Vice President if it comes to an Electoral college tie?
#1
Obama / Biden
#2
Romney / Rep. VP
#3
Obama / Rep. VP
#4
Romney / Biden
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Author Topic: Electoral College tie  (Read 2371 times)
ag
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« on: May 24, 2012, 03:46:32 PM »

The Republicans will retain at least 26 state delegations and elect Romney.
The Republicans will also take over the Senate and elect the GOP VP

Wouldn't the VP be elected by the outgoing Senate?
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ag
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« Reply #1 on: May 24, 2012, 06:55:30 PM »
« Edited: May 24, 2012, 06:58:12 PM by ag »

But with some foresight, they could have many of the electors be "faithless", couldnīt they? In which case, the second number of VP elector votes could belong to somebody other then Biden. How about Romney/Clinton presidency?

Though, actually, Biden would be quite interesting, if you ask me. He wouldn't be a good leader of the opposition, but h has lived his whole life in the Senate. As the Senate president, he could be really dangerous.

BTW, even if Republicans get to 50 Senate seats, wouldn't Biden still get to break the tie vote for himself?
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ag
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« Reply #2 on: May 24, 2012, 08:10:58 PM »
« Edited: May 24, 2012, 08:23:28 PM by ag »


You forget that under the 12th ammendment the Presidential and VP ballots for electors are separate.  The only way for this to be doable,  I guess, is if the Dem electors (at least in states where they can do it by law) switch their Presidential and VP votes (i.e., vote for Obama for VP).

So, what could be done is this. If Dems manage to hold majority Republican state House delegations down to 25 (they don't have to have majority in 25 states themselves - it would be enough to have a few ties) they could block the House from electing the President. If they can, at least, draw in the Senate (w/ Biden providing the casting vote), they should instruct their electors to vote for Obama as VP. Then, the Senate will elect Obama VP, and, due to lack of an elected President, the Vice-President Obama will assume the Presidency under the 12th ammendment.

Upon which, President Obama can use the 25the ammendment to nominate Biden for VP. The only problem would be to get this through the Senate (once Obama becomes President, Vice-Presidency would be vacant, so there wouldn't be anybody to break the tie.l

That would be a bit of constitutional fun Smiley)
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ag
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« Reply #3 on: May 25, 2012, 10:12:30 PM »

None whatsoever.  Possibly if the Senate ties 50-50 and Romney wins the popular vote a Democrat will break ranks, but otherwise no chance.  Furthermore, unless Romney is incapacitated, it doesn't really matter who the Vice President is, so the idea that any Veep would help or hinder Romney's agenda (or Obama's agenda if he is reelected) is ludicrous.

Actually, far from clear. There hasn't been a VP openly hostile to the President in a long, long time. There is a constitutional role for VP that has never been properly exploited. As an opposition VP would not have any real job other than chairing the Senate, he could try to establish leadership there. The Senate is a peculiar institution, so a VP, who knows it well and can build coalitions could do a lot of mischief. Even aside from the fact that in case of a 50-50 tie he'd be the routine casting vote.
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ag
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« Reply #4 on: May 25, 2012, 10:18:01 PM »

If not, how do you see Romney and Biden working together for four years?

They don't have to. As long as the President is alive, the VP has no real obligatory role in the executive branch that couldn't be performed by somebody else. He is, however, the President of the Senate. Especially for somebody like Biden, who lived his entire life in the Senate, the obvious attraction would be to establish himself there. Normally this is not done, since any non-traditional VP participation would be viewed as the executive invading the legislative affairs. But an opposition VP wouldn't really be a part of the executive.
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ag
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« Reply #5 on: May 26, 2012, 10:27:28 PM »

  However, unless the filibuster is eliminated, it's hard to see where the Veep's tie-breaking vote would be of much importance.

Organization, agenda, the budget, etc., etc. It could be used to make sure not only that the administration proposals die, but also that pro-administration senators have to routinely cast unpopular votes.
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