What happens if... (user search)
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  Presidential Elections - Analysis and Discussion
  Presidential Election Process (Moderator: muon2)
  What happens if... (search mode)
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jimrtex
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Posts: 11,817
Marshall Islands


« on: May 30, 2004, 02:09:27 PM »

one of the requirement for President of the United States is.. you have to be a citizen... and 35 years old...if say 99 out of 100 people voted for, through write-in, a 34 year old... citizen...and 1 vote for a 35 yeard old citizen..who is the winner of the presidential race?
How were the presidential electors in your State determined?  In Texas, a write-in candidate for President must declare themseleves to be a candidate, and name their slate of electors.  Only votes for declared write-in candidated are counted.

But let's say that the State overlooked the qualification of the candidate (since it is the electors being chosen, the nominal presidential candidates could just be considered a slogan or identification, just like the party name).  Or the State may decline to make a ruling.  So the electors meet in December and cast their vote for the 34 YO.  Or maybe the State declares the votes invalid, and appoints the 35 YO candidate's slate as electors.  The 34 YO candidate's electors might meet and cast their electoral votes and mount a challenge in Congress.

Congress counts the electoral votes.  Counting is more than the mere artithmetic process, but could also consider the validity of ballots.  In the past, Congress has considered not counting electoral votes of so-called faithless electors, but declined to act.  In 1872, Horace Greeley died between the time of the popular election and when the electors voted.  Most of the Democrat electors voted for someone else (4 candidates), but 3 went ahead and voted for Greeley.  Congress rejected those 3 votes.

If Congress rejected the electoral votes for the 34 YO, then the election would go to the House of Representatives (the elected candidate must have a majority of the electors appointed, not of the electoral votes validly cast).  They might then elect the 35 YO.

Or Congress might consider the 34 YO elected, but his age to be a temporary disablity.  The Presidency would be vacant, with the Vice President acting as President until the young President's birthday.

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jimrtex
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Posts: 11,817
Marshall Islands


« Reply #1 on: August 10, 2004, 11:49:15 PM »

Each state also has to certify its electoral vote. It is doubtful that a state would do so if the candidate to which the electors were pledged was ineligible.
Such a pledge is unenforceable.  The State election officials would likely decide that the presidential electors for John "The Kid" Doe had been elected by the people and not attempt to interpret the US Constitution.
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jimrtex
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Posts: 11,817
Marshall Islands


« Reply #2 on: September 17, 2004, 04:50:43 AM »

What if it was a Senate seat? Do each states have different rules when it comes to this issue? For example, 99 out of 100 votes through write-in went to a person who was not a citizen - which in theory is a requirement - and 1 vote went to a person who was a citizen? Who wins the senate seat?
I actually asked someone who studied constitutional law (while getting his B.A. in Political Science) about this because I wrote in my name on the primary this year for the House (I'm 21). I am a citizen, but not old enough. He said that I would be disqualified and whoever got the second most votes would win (although this could depend on the state), this is of course, I got enough people to write my name in in the first place. watch  
Ultimately, in the case of the Senate, the Senate would decide (Article I, Section 5 of the US Constitution).   They have in the past not seated someone who had not been a citizen long enough.   If the state said someone else had won, then you might be able to convince them that you had actually won.

In Texas, I don't think being a write-in winner would make any difference.  You have to file to be a write-in candidate, the only difference is that your name doesn't appear on the ballot.  If an ineligible or deceased candidate is elected, it is treated as a vacancy.
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