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Mike B. · (This post was last modified: 11-11-2012 10:20 AM by Mike B..)

(11-11-2012 08:51 AM)JMadonna Wrote: Biden would be sworn in as President & serve to the end of Obama's term in January but that would have no effect on what happens at the end of that term. That is solely in the hands of the electors at the present time. They can not vote a dead man into office (although in Chicago the opposite is true). Being alive and over 35 is one of the qualifications for the job.

The electors can't vote Biden for president because they are pledged to vote for him to be vice-president.

Since the country would probably think it unfair to vote another Democrat to be president whom the country didn't vote for they would also think it unfair to vote Romney the office since he lost.

Therefore, my best guess would be that the electoral college would not meet and decide, thus throwing the election to the House.

You have to remember the EC hasn't worked the way the Founding Fathers intended since 1796 with the creation of the two party system. The EC was originally designed to function the way you are saying, with meeting and discussing but it never has. So what you are saying is legally true, though in today's world highly unlikely.

The electors from both parties are essentially party state commitee people. There is no way the 332 Democratic electors would allow the election to be thrown to the Republican House. I really think they would vote for Biden as he would be the incumbent legally until Jan. 20 and at least he was on the winning ticket. He would also quickly appoint a VP for the last few months of the term. I am pretty sure the 332 electors would simply ratfiy his choice even if Congress didn't get around to confirming his VP choice in time before the EC votes.

Trivia question time here:

In the past 40 years, two electors in the EC have voted differently than they way they were pledged (of course in both cases it had no effect as the elections were landslides.)

One was a Republican and one was a Democrat.

Which elections and who did they vote for?