September 28, 2020
Speaker of the House Nancy Pelosi (D-CA) has officially informed her Democratic Party caucus that the House of Representatives could decide the presidential election — and has urged them to focus on winning races that could decide the outcome.
The House could decide the election if no candidate achieves a majority in the Electoral College.
As Breitbart News explained three weeks ago, in “How Pelosi’s House of Representatives Could Re-elect Trump“:
It seems almost certain that neither party will accept a close result in the presidential election on November 3. And given the likely delays due to vote-by-mail, recounts, and legal challenges, it is possible neither President Donald Trump nor former Vice President Joe Biden will have an Electoral College majority by December 14, when the Electors cast their votes.
The election will then be decided by the House of Representatives, as indicated by the 12th Amendment to the U.S. Constitution. (It has happened before, in 1800 and 1824.)
The 12th Amendment states that “if no person have such majority [in the Electoral College], 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.”
The word “immediately” means that the current Congress would choose. That, in turn, would seem to mean Speaker of the House Nancy Pelosi (D-CA) and the majority Democrats would prevail, and pick Biden.
Not so fast: The 12th Amendment goes further. “But in choosing the President,” it says, “the votes shall be taken by states, the representation from each state having one vote” [emphasis added].
While there are 435 representatives, there will only be 50 votes. And a current tally of representatives in each state shows that there are more Republican-majority delegations than Democrat-majority delegations. Republicans control 26 delegations; Democrats dominate 22; Pennsylvania is tied and Democrats have a 7-6 Michigan plurality.
This article was posted: Monday, September 28, 2020 at 4:42 am