[EL] What if election is still tied up in court somehow on Jan 20?

[Stephanie Singer]

I’ve heard — from an unreliable source — that if the election is still tied up in court on Jan 20, 2021, then there will be a vacancy in both Presidential and Vice Presidential offices, which means that (per the Presidential Succession Act <https://www.senate.gov/artandhistory/history/minute/Presidential_Succession_Act.htm>) the Speaker of the House would serve as President until the vacancy was resolved. 

I’d love to know from the experts whether this is a conceivable scenario and, if so, the Speaker of which House -- the newly elected House? And if so, what if some of the election contests for the new House are still tied up in court? 

—Stephanie


Stephanie Singer <https://www.pdx.edu/profile/stephanie-singer>
Research Assistant Professor, Portland State University
Former Chair, Philadelphia County Board of Elections




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