Gary J
Jr. Member
Posts: 286
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« on: August 28, 2020, 05:12:51 AM » |
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As another foreign view, if three states send in no electoral vote returns, most of the precedents disregard such electoral votes in calculating the majority necessary to elect a President..
The most striking example was the 1864 election. The joint session to count the electoral votes totally ignored the electoral votes in theory allocated to the seceded states, in calculating the number of electoral votes necessary to win. If this had not been done and the states in rebellion had also been counted towards the quorum for a contingent election (if the election had been closer than it was in reality), it might not have been possible to comply with the 12th Amendment to elect a President.
If both Houses at the joint session to count the electoral votes, on January 6th, 2021, agreed that a majority meant a majority of the electoral votes actually cast then that would resolve the constitutional crisis posed in this thread.
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