To: Tom Kearney who wrote (86999 ) 11/10/2000 9:50:17 PM From: David E. Taylor Respond to of 152472 Tom: OT: According to the snippets of the constitution cited in the NYT article, 270 electoral votes aren't required, just "a majority of the whole number of electors appointed." From the NYT article:Some commentators have suggested that the election would be thrown to the Republican-controlled House of Representatives if neither Vice President Al Gore nor Gov. George W. Bush of Texas gets a majority of the 538 electors for whom Americans voted on Tuesday. But the Constitution requires only that a winning candidate have the votes of "a majority of the whole number of electors appointed." If Florida's votes are not resolved by then, or if a legal restraining order bars Gov. Jeb Bush from filing a certificate listing Florida's electors, then Mr. Gore has enough votes from other states, if current vote totals stand and if his electors keep their pledges, to reach a majority of the 513 electors actually appointed. In either of those cases, or if either Mr. Gore or Mr. Bush gets Florida's votes, the House of Representatives would have no role in choosing a president... Walter Dellinger, professor of law at Duke University, said the reason the Constitution requires the votes of only a majority of those electors actually appointed to elect a President was that in the earliest days of the Union a state might neglect to appoint electors, and there was no reason for the process to be held hostage by that omission. The rules for electors and the role of the House were spelled out in the 12th Amendment, ratified in 1804. The House has a role only if the ceremonial counting presided over by the vice president shows that no one had a majority of the electoral vote. That could happen either because of a tie between two candidates or a split among three So it's not exactly cut and dried. FWIW. David T. NYT Article: nytimes.com