I've included the two sections of the Constitution following this story I just found on CNN by clicking on their "LAW" section. This story is just an hour old or so as of this emailing. -John - [EMAIL PROTECTED] http:[EMAIL PROTECTED] *** Electoral College may not need Florida electors to choose president! http://www.cnn.com/2000/LAW/11/10/election.scenario/index.html November 10, 2000 Web posted at: 7:07 p.m. EST (0007 GMT) By Raju Chebium CNN.com Correspondent WASHINGTON (CNN) -- On December 18, electors from all 50 states are scheduled to pick the president. An 1887 law fixes this as the date for electors to cast their ballots, constitutional law scholars said Friday. Because Florida's votes are still being counted and given the possibility of legal challenges blocking ballot certification, it is remotely possible that Florida may not appoint its share of 25 electors by December 18, the scholars said. That means only 513 members of the 538-strong Electoral College would be available to pick either Democrat Al Gore or Republican George W. Bush to be the next president. Can the remaining electors still pick the president with Florida shut out of the process? Yes, according to Neal Katyal, a constitutional law professor at Georgetown Universitys law school. He said the 12th Amendment to the U.S. only requires a majority of the electors to vote and nothing in the Constitution says all electors must vote. Such a scenario could help Gore, he said. If all 538 members voted, the winner would need 270 votes to be named the next president. But if only 513 electors were present, the requisite majority would be reduced to 257, said Michael Glennon, a constitutional scholar at the University of California-Davis who has written a book on the Electoral College. Gore is closer to 257 than Bush. In fact, until Friday evening, Gore had 260 electoral votes, compared to Bushs 246. After New Mexico was ruled too close to call, Gore lost five electoral votes from that state, bringing his total to 255, while Bushs tally remained unchanged. The likelihood of Florida electors being shut out Joel Gora, an election-law specialist at the Brooklyn College of Law, said it is highly unlikely that Florida will fail to certify its ballot and appoint electors by December 18. Soon after the votes are recounted November 17, I think the state would go ahead and certify unless there is a court order otherwise. And I think thats extremely unlikely as a practical matter, but it is possible. He said allegations over a confusing ballot in Palm Beach County likely would not be sufficient for a Florida judge to put the statewide certification process on hold. Gora also said the U.S. Supreme Court has not had a case requiring the justices to definitively interpret the 12th Amendments Electoral College provisions. The prior constitutional crisis The only time there was a potential constitutional crisis over the Electoral College issue was in 1876, Glennon said. GOP candidate Rutherford Hayes won 185 electoral votes though Democrat Sam Tilden, who had 184 electoral votes, had won the popular election by a razor-thin margin of less than 1 percent, Glennon said. Democrats in Congress overruled one of Hayes electors votes and in retaliation Republicans overruled 19 of Tildens electoral votes, Glennon said. Faced with a constitutional crisis, politicians reached a compromise they appointed a special commission composed of five Democrats, five Republicans and five Supreme Court justices, he said. After Hayes promised to withdraw Northern troops from the South, the commission awarded all 20 electoral votes to Hayes, making him the president, Glennon said. To prevent future Electoral College disputes, Congress passed the Electoral Count Act in 1877. The law left the task of choosing electors to the states, but Congress reserved the power to reject any electors vote if a simple majority of members in the U.S. House and Senate agreed that the vote must not be counted, Glennon said. Yet another scenario Fast-forwarding to 2000, there is yet another scenario under which Florida electors could cast their votes even if the state fails to certify the ballot by December 18, according to Bruce Fein, a constitutional scholar and lawyer in McLean, Virginia. Electors for Gore or Bush could still cast their ballots and leave it up to Congress to challenge individual votes if they choose to on January 6, when the electoral votes will be unsealed and tallied, Fein said. Fein rejected the interpretation of the 12th Amendment and the 1877 law that says choosing electors is a state function. Because Congress has the ultimate authority to accept or reject an electors vote, the issue of whether an elector has been appointed is a matter of federal constitutional law, Fein said. What's most likely to happen (is) both the Gore and the Bush electors would go and cast the ballot whether or not there was an official certification by Florida, he said. Why would a state want to disenfranchise itself? *** 12th Amendment The Electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and of the number of votes for each, which lists 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 for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation 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. "And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in case of the death or other constitutional disability of the President." (Text in above quotes is superseded by amendment 20 as stated below) -- The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States. ============================================================================ AMENDMENT 20, Section 3 If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified. =========================================================================== Evidence shows HOW the Palm Beach Democrats voided 15,000 Bush ballots, 3,400 Buchanan Ballots. http://www.freerepublic.com/forum/a3a0c85230a29.htm This new feature column by Al Martin will be updated weekly with information about Washington you won't find in the mainstream media http://www.almartinraw.com/ Don't let their deaths be in vain -- Charley Reese http://www.orlandosentinel.com/automagic/columnists/2000-11-09/OPEDreese091109 00.html
