1) Trump sometimes touts the possibility of Pelosi becoming President if there is election chaos this fall. It's a remote, remote possibility. But not out of the question. Regardless, it wouldn't happen right away.
2) States have a statutory December 14 deadline to decide which electors to send to Washington. But what happens if a state .is still counting? In 1960 Hawaii sent in two electoral slates signed by the governor. One for Kennedy and one for Nixon.
3) It's up to Congress to settle these disputes in a Joint Session of Congress in early January. But first, keeping with the Pelosi theme, several things have to happen.
4) Pelosi must win re-election to her seat in San Francisco. The Democrats must hold control of the House. And then, in January, the House would have to re-elect Pelosi has Speaker. It's doubtful that any of those scenarios wouldn't come to pass
5) So in January, the House/Senate meet in a Jt Session of Congress to certify the electoral slates from each state. The magic number is 270 to win the presidency. Congress is the ultimate arbiter of the electoral college.
6) But if Congress can't establish which candidate got 270, electoral votes, the 12th Amdt to the Constitution dictates the House elects the President in what is called a "contingent election."
7) The House has elected 2 Presidents via a contingent election Thomas Jefferson in 1801 and John Quincy Adams. in 1825. Each state votes by delegation. One vote per state. In other words, California. with 53 House seats..is equal to South Dakota with 1 seat.
8) Even though Dems have a majority in the House, GOPers currently hold a slight edge in control of state delegations: 26 GOP. 22 Dem. 2 are essentially tied. Control of state delegations could change based on a few key Hse races this fall.
9) In short, if the GOP voted as a bloc controlling more state delegations right now, it's likely Hse could re-elect Trump in a contingent election.
10) But, the contingent election of 1801 in the Hse, which elected Jefferson as President took 6 days & 36 ballots. What happens if the House has not elected a president by noon on Jan 20, the Constitutionally mandated time for a presidency to begin?
11) At that point, there is no President and no Vice President. The terms of Trump & Pence expired. But, there is a Speaker of the Hse. The Presidential Succession Act would kick in. The Speaker would be next in line to the presidency
12) The Speaker becomes "Acting President" and serves until a president is chosen, either via the electoral college or a contingent election in the House. The Speaker must resign their seat in Congress and the Speakership
13) These scenarios are remote. But the question is whether the public would support any of these scenarios if there is election chaos this fall which drifts into January?
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