From a prior post, someone said that states couldn’t elect members of the Electoral College on any day other than the National Election Day.
From Title 3, United States Code, Ch.1, Section 2:
Failure to make choice on prescribed day
§ 2. Whenever any State has held an election for the purpose of choosing electors, and has failed to make a choice on the day prescribed by law, the electors may be appointed on a subsequent day in such a manner as the legislature of such State may direct.
Speaker of House will serve as Acting President if Electoral Vote issue not resolved.
Chapter 1, Section 19
§ 19. (a) (1) 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.
I am posting the link to the US Code because buried in this Chapter is a discussion of what is done when TWO sets of electors are submitted (this is what happened in 1876) for a state. It is late, I am tired, and I hate reading legalese, but it appears that the House may be able to make a determination on its own of which slate of electors it will accept…. Again I may be dead wrong, but it does appear to be do-able.
nara.gov |
