With respect to the breakdown of which state has a majority of Democrat vs. Republican Representatives, I have not done the math but am relying on a map in the Washington Post which I linked in the post you are responding to. The new Congress takes office on January 3, 2001, so maybe you are looking at the old one?
Anyway, the matter is of academic interest only because Article II Section 1 of the Constitution provides that the House elects the President ONLY if there is an equal number of votes for the top two candidates, or if no one has a majority.
>>Section 1.
The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows:
Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.
The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by States, the Representatives from each State having one Vote; a quorum for this Purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President.
The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.<<
Florida's Electors MUST vote. Article II Section 1 of the Constitution say that each state "shall" (mandatory) appoint Electors, and the Electors "shall" meet and vote by ballot for the President and the Vice President.
If you are looking this up for yourself be aware that the 12th Amendment is partially abrogated by the 20th Amendment, and don't forget the Presidential Succession Act, Title 3 USC Section 19.
>>Sec. 19. Vacancy in offices of both President and Vice President; officers eligible to act
(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.
(2) The same rule shall apply in the case of the death, resignation, removal from office, or inability of an individual acting as President under this subsection.
(b) If, at the time when under subsection (a) of this section a Speaker is to begin the discharge of the powers and duties of the office of President, there is no Speaker, or the Speaker fails to qualify as Acting President, then the President pro tempore of the Senate shall, upon his resignation as President pro tempore and as Senator, act as President.
(c) An individual acting as President under subsection (a) or subsection (b) of this section shall continue to act until the expiration of the then current Presidential term, except that -
(1) if his discharge of the powers and duties of the office is
founded in whole or in part on the failure of both the
President-elect and the Vice-President-elect to qualify, then he
shall act only until a President or Vice President qualifies; and
(2) if his discharge of the powers and duties of the office is
founded in whole or in part on the inability of the President or
Vice President, then he shall act only until the removal of the
disability of one of such individuals.<< |
