January 6, 2001 (user search)
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  Presidential Elections - Analysis and Discussion
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  Past Election What-ifs (US) (Moderator: Dereich)
  January 6, 2001 (search mode)
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Author Topic: January 6, 2001  (Read 3710 times)
Peter
Junior Chimp
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« on: November 13, 2005, 04:44:30 PM »

I think that only applies when the President/VP are killed.  When there is no president ready to take office on Jan 20, it goes to the PPT.  I could be wrong but I think that's what the law is.

The relevant law is Title 3, Section 19 of the US Code.

If, by reason of death, resignation, removal from office, inability, or failure to qualify, there is neither a President nor Vice President to discharge the powers and duties of the office of President, then the Speaker of the House of Representatives shall, upon his resignation as Speaker and as Representative in Congress, act as President.

However, I don't honestly see us getting that far and having a lack of a qualified President on the 20th.

If we suppose that the CBC had gotten a Senator to sign, we have the following scenario under Title 3, Section 15

Upon such reading of any such certificate or paper, the President of the Senate shall call for objections, if any. Every objection shall be made in writing, and shall state clearly and concisely, and without argument, the ground thereof, and shall be signed by at least one Senator and one Member of the House of Representatives before the same shall be received. When all objections so made to any vote or paper from a State shall have been received and read, the Senate shall thereupon withdraw, and such objections shall be submitted to the Senate for its decision; and the Speaker of the House of Representatives shall, in like manner, submit such objections to the House of Representatives for its decision; and no electoral vote or votes from any State which shall have been regularly given by electors whose appointment has been lawfully certified to according to section 6 of this title from which but one return has been received shall be rejected, but the two Houses concurrently may reject the vote or votes when they agree that such vote or votes have not been so regularly given by electors whose appointment has been so certified.

Essentially, the electoral votes can only be thrown out if both Houses agree. Assuming a party lines vote, the House would vote to accept the FL votes and the Senate (after a tie break by VP Gore) would vote to reject.

The votes therefore count and Bush is elected President.
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