[EL] An Electoral College Tie?

[Goldfeder, Jerry H.]

An absence of a majority of the electoral college vote, or a tie, sends the presidential election to the House.

Jerry H. Goldfeder
Stroock & Stroock & Lavan LLP
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From: law-election-bounces at department-lists.uci.edu [mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Justin Levitt
Sent: Thursday, December 15, 2011 1:23 PM
To: law-election at department-lists.uci.edu
Subject: Re: [EL] An Electoral College Tie?

It's not just a tie that could send the election to the House of Representatives ... I believe it's any lack of a majority.  If, for example, the Americans Elect candidate wins enough electoral votes to deprive either the Republican nominee or the Democratic nominee of an Electoral College majority, the House decides the election.

Justin



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Justin Levitt

Associate Professor of Law

Loyola Law School | Los Angeles

919 Albany St.

Los Angeles, CA  90015

213-736-7417

justin.levitt at lls.edu<mailto:justin.levitt at lls.edu>

ssrn.com/author=698321


On 12/15/2011 9:37 AM, Dan Johnson wrote:
I'd love to see opponents of the National Popular Vote mount a robust defense of the House of Representatives in a one-vote-per-state-delegation selecting the President (the result of a not-implausible tie in electoral votes).

Because, after all, that is what they are defending. A tie will eventually occur. Let us hope that the National Popular Vote compact is established and confirmed by the Supreme Court before that mathematical certainty rears its ugly head.

Dan


On Thu, Dec 15, 2011 at 11:24 AM, Rick Hasen <rhasen at law.uci.edu<mailto:rhasen at law.uci.edu>> wrote:
"An Electoral College Tie?"<http://electionlawblog.org/?p=26579>
Posted on December 15, 2011 9:18 am<http://electionlawblog.org/?p=26579> by Rick Hasen<http://electionlawblog.org/?author=3>

National Journal ponders<http://decoded.nationaljournal.com/2011/12/an-electoral-college-tie.php>.

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Justin Levitt

Associate Professor of Law

Loyola Law School | Los Angeles

919 Albany St.

Los Angeles, CA  90015

213-736-7417

justin.levitt at lls.edu<mailto:justin.levitt at lls.edu>

ssrn.com/author=698321

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