Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

roamer65

(36,747 posts)
Wed Nov 23, 2016, 09:32 PM Nov 2016

Too bad the TX state legislature wouldn't flip this thing into the House of Reps.

Colorado awarded its electoral votes to Rutherfraud Hayes in 1876 via its state legislature, rather than holding an election. State legislatures have complete power to decide the slate of its electors.

The TX state legislature could award its 38 EV's to another more moderate Rethug via its state legislature, putting it into the H of R where the states vote on it.

20 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Too bad the TX state legislature wouldn't flip this thing into the House of Reps. (Original Post) roamer65 Nov 2016 OP
But the house would just give it to trump anyway, right? unblock Nov 2016 #1
Wrong dumbcat Nov 2016 #2
They can only give it to one of the top three electoral winners SickOfTheOnePct Nov 2016 #3
Not to mention SickOfTheOnePct Nov 2016 #4
They can't toss them in this scenario. roamer65 Nov 2016 #6
Congress can reject the votes as soon as they're cast by the electors SickOfTheOnePct Nov 2016 #8
Where do you find that provision? dumbcat Nov 2016 #12
Federal law SickOfTheOnePct Nov 2016 #14
What Federal Law? dumbcat Nov 2016 #16
3 U.S. Code15 SickOfTheOnePct Nov 2016 #17
Thank you dumbcat Nov 2016 #18
I know, it's amazing SickOfTheOnePct Nov 2016 #19
In the 1864 election, some seceded states chose electors NYC Liberal Nov 2016 #20
Not "anyone", exactly unblock Nov 2016 #5
You are correct dumbcat Nov 2016 #7
and they would agree on Trump. Statistical Nov 2016 #13
The point was what they COULD do dumbcat Nov 2016 #15
male body parts are not needed for courage Skittles Nov 2016 #9
You are right. Apology. roamer65 Nov 2016 #10
OMG Skittles Nov 2016 #11

dumbcat

(2,120 posts)
2. Wrong
Wed Nov 23, 2016, 10:13 PM
Nov 2016

The House Republicans could give it to anyone they want. McCain? Ryan? Romney? All they have to do is agree on someone.

SickOfTheOnePct

(7,290 posts)
3. They can only give it to one of the top three electoral winners
Wed Nov 23, 2016, 10:16 PM
Nov 2016

So whomever TX puts up would be added to the list behind Trump & Hillary

SickOfTheOnePct

(7,290 posts)
4. Not to mention
Wed Nov 23, 2016, 10:17 PM
Nov 2016

Congress would just toss the TX votes and then vote for Trump when the race ends up in the House.

roamer65

(36,747 posts)
6. They can't toss them in this scenario.
Wed Nov 23, 2016, 10:35 PM
Nov 2016

Each state delegation decides who of the 3 it will vote for and it takes 26 states to win.

Look to 1824 as a guide.

SickOfTheOnePct

(7,290 posts)
8. Congress can reject the votes as soon as they're cast by the electors
Wed Nov 23, 2016, 10:47 PM
Nov 2016

Say for example that the TX electoral votes are cast for Romney...a written objection, signed by at least one House member and at least one Senator, can be submitted to the President of the Senate. The count must be immediately halted, the House and Senate then split off to their separate chambers for up to two hours of debate and a vote, then upon their return, each chamber announces their decision. If the objection is upheld, the electoral votes are tossed.

In that scenario, neither Trump nor Hillary would have 270 votes, the election would go to the House, and Trump would be elected.

Congress has the right to reject any electoral votes they choose, so long as both the House and the Senate agree to do so.

dumbcat

(2,120 posts)
12. Where do you find that provision?
Thu Nov 24, 2016, 01:38 PM
Nov 2016

I don't see it in either the Constitution or the 12th Amendment. Where do you see the provision that the Congress can object to the votes of Electors?

SickOfTheOnePct

(7,290 posts)
14. Federal law
Thu Nov 24, 2016, 01:49 PM
Nov 2016
Can electoral votes be contested when Congress counts the votes in January?

Under federal law an objection to a state’s Electoral votes may be made to the President of the Senate during Congress’s counting of Electoral votes in January. The objection must be made in writing and signed by at least one Senator and one member of the House of Representatives. Both the Senate and the House of Representatives debate the objection separately. Debate is limited to two hours. After the debate, both the Senate and the House of Representatives rejoin and both must agree to reject the votes.

In January 2005, Ohio’s 20 Electoral votes were challenged. After debate, the Senate and the House failed to agree to reject the votes. Ohio’s 20 Electoral votes for President Bush and Vice President Cheney were counted.


https://www.archives.gov/federal-register/electoral-college/faq.html#contestvotes

dumbcat

(2,120 posts)
16. What Federal Law?
Thu Nov 24, 2016, 01:54 PM
Nov 2016

I note that the citation does not cite a Federal Law, only states its existence.

?? US Code Sec. ???

I find that somewhat suspicious, and wonder if it would withstand Constitutional muster if challenged.

SickOfTheOnePct

(7,290 posts)
17. 3 U.S. Code15
Thu Nov 24, 2016, 02:00 PM
Nov 2016
https://www.law.cornell.edu/uscode/text/3/15

This is the provision under which members of the Congressional Black Caucus attempted to block Florida's ECs from being counted in 2001. As they were unable to secure the signature of a Senator on the objection, the attempt failed.

dumbcat

(2,120 posts)
18. Thank you
Thu Nov 24, 2016, 09:02 PM
Nov 2016

I didn't know that. It's sometimes interesting the little things that, though they appear to be at odds with the Constitution, sometimes get tucked into the U.S. Code by acts of Congress. It would be interesting to see what would happen if someone with standing brought that provision up to the Supreme Court.

I learn new things here every day.

SickOfTheOnePct

(7,290 posts)
19. I know, it's amazing
Thu Nov 24, 2016, 09:12 PM
Nov 2016

While no one could ever forget the 2000 recount, I had forgotten a lot of the details about the actual vote count that followed.

I believe that some votes have actually been rejected (back in the 1800s maybe?). I'll have to look it up to see, if that was the case, what did happen.

NYC Liberal

(20,136 posts)
20. In the 1864 election, some seceded states chose electors
Thu Nov 24, 2016, 09:22 PM
Nov 2016

from the territory that the Union had reclaimed, but Congress did not count them. That's the instance that comes immediately to mind.

unblock

(52,331 posts)
5. Not "anyone", exactly
Wed Nov 23, 2016, 10:19 PM
Nov 2016

They have to choose from among the top 3 electoral vote recipients. So, trump, Clinton, and whoever Texas chooses in that scenario.

Of course, they could negotiate with Texas on that point....

Still, there's what's technically possible and what works politically. People accept (for the most part) trump as having been legitimately elected. People won't accept McCain, ryan, or romney.

I don't see the house messing with what works politically.

Statistical

(19,264 posts)
13. and they would agree on Trump.
Thu Nov 24, 2016, 01:44 PM
Nov 2016

The Republicans have both houses and the oval office. They can railroad through any sort of legislation they want. In the near term the only possibly check they have on unfettered power is the midterm elections. Is they threw out the 'will of the people' or at least the will of the people who voted Trump they would be annihilated between primary challenges, people voting third party, and poor overall turnout.

So why would they do anything other than rubber stamp Trump into office.

dumbcat

(2,120 posts)
15. The point was what they COULD do
Thu Nov 24, 2016, 01:49 PM
Nov 2016

not necessarily what they WOULD do. I agree they would go with trump.

Latest Discussions»General Discussion»Too bad the TX state legi...