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To: opalapril who wrote (37961)11/18/2000 1:19:25 AM
From: opalapril  Read Replies (3) | Respond to of 64865
 
Contemplate this scenario:

The Florida Supreme Court (correctly, in my view) compels the Secretary of State to follow well established Florida law and certify all final county votes as reported in a week or so, including those ballots that were wrongly not counted by machines but revealed by a hand-check to have a manifest intent to vote for one or another presidential candidate. Gore wins the popular vote of Florida (as he doubtless has nation-wide). The Electoral College reports to Congress, as required, on January 6. But one partisan Bush supporter in the House and another in the Senate file "written objections" to the Electoral College report, relying on preliminary county reports in Florida rather than the final, certified counts.

Under the Constitution and a century-old federal statute, the House and Senate then adjourn to their respective chambers for a time-limited debate. The House agrees with the objections and refuses to endorse the Electoral College results. The Senate, on the other hand, disagrees. The election of a president (just as with Jefferson) is then thrown into the House of Representatives.

Under the Constitution, congressional delegations from each state are then given 1 vote. That's 1 per state, regardless of size or population, for a total of 50. Bush wins in the House simply because he receives more "state" votes than Gore.

You would then witness the spectacle of a president being sworn in who had lost both the popular vote and the Electoral College vote.