Jill Stein has pulled effectively a "Harbaugh" on the Electoral College. From the election thread poll, we know we have about a 50/50 split in this group so I am curious what everyone's take on it is.
While the 3 recounts will not change the election results the net effect could cause an interesting Electoral College spin.
Because the 3 states recounts likely won't be complete and certified by December 13th, the electors may not be able to complete and send in their votes by the 19th of December as required by the US Constitution.
Quote:
Key Dates:
December 13, 2016
States must make final decisions in any controversies over the appointment of their electors at least six days before the meeting of the Electors. This is so their electoral votes will be presumed valid when presented to Congress.
Decisions by states’ courts are conclusive, if decided under laws enacted before Election Day.
December 19, 2016
The Electors meet in their state and vote for President and Vice President on separate ballots. The electors record their votes on six “Certificates of Vote,” which are paired with the six remaining Certificates of Ascertainment.
The electors sign, seal, and certify six sets of electoral votes. A set of electoral votes consists of one Certificate of Ascertainment and one Certificate of Vote. These are distributed immediately as follows:
one set to the President of the Senate (the Vice President) for the official count of the electoral votes in January;
two packages to the Secretary of State in the state where the electors met—one is an archival set that becomes part of the public record of the Secretary of State's office and the other is a reserve set that is subject to the call of the President of the Senate to replace missing or incomplete electoral votes;
two packages to the Archivist—one is an archival set that becomes part of the permanent collection at the National Archives and Records Administration and the other is a reserve set that is subject to the call of the President of the Senate to replace missing or incomplete electoral votes; and
one set to the presiding judge in the district where the Electors met—this is also a reserve set that is subject to the call of the President of the Senate to replace missing or incomplete electoral votes.
December 28, 2016
Electoral votes (the Certificates of Vote) must be received by the President of the Senate and the Archivist no later than nine days after the meeting of the electors. States face no legal penalty for failure to comply.
If votes are lost or delayed, the Archivist may take extraordinary measures to retrieve duplicate originals.
On or Before January 3, 2017
The Archivist and/or representatives from the Office of the Federal Register meet with the Secretary of the Senate and the Clerk of the House in late December or early January. This is, in part, a ceremonial occasion. Informal meetings may take place earlier.
January 6, 2017
The Congress meets in joint session to count the electoral votes. Congress may pass a law to change this date.
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Bottom line, is that by challenging enough electoral votes to prevent Trump from receiving 270 (even though they all will eventually be counted) the electoral college may not be able to elect Trump by the structural deadlines.
If no candidate has 270, would the Congress, who all likely dislike Trump, be willing to extend the date? Would they on Jan 6th convene and vote on a president and vice president outside of the normal process?
According to the national archives, if no one reaches 270:
Quote:
If no Presidential candidate wins 270 or more electoral votes, a majority, the 12th Amendment to the Constitution provides for the House of Representatives to decide the Presidential election. If necessary the House would elect the President by majority vote, choosing from the three candidates who received the greatest number of electoral votes. The vote would be taken by state, with each state having one vote.
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How does the House of Representatives breakdown since each state only gets one vote? If a state is mixed Dem/Rep, how would they determine their vote?
Or do ou think that the recounts will be completed before the 13th and the Electoral college vote go without issues.