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

[Lori A Ringhand]

I am curious if others agree this scenario would result in the Speaker as acting president. If the House cannot reach resolution on the President elect, but the Senate does announce its choice regarding the Vice President elect, then doesn't the 12th + the 20th make the VP elect the acting president?
________________________________
From: Law-election <law-election-bounces at department-lists.uci.edu> on behalf of Richard Winger <richardwinger at yahoo.com>
Sent: Thursday, September 10, 2020 4:08 PM
To: Stephanie Singer <sfsinger at campaignscientific.com>; Marty Lederman <Martin.Lederman at law.georgetown.edu>
Cc: Election Law Listserv <law-election at uci.edu>
Subject: Re: [EL] What if election is still tied up in court somehow on Jan 20?

[EXTERNAL SENDER - PROCEED CAUTIOUSLY]

It's the newly elected House.  That change was made with the 20th amendment in 1933.

Richard Winger 415-922-9779 PO Box 470296, San Francisco Ca 94147


On Thursday, September 10, 2020, 11:53:22 AM PDT, Marty Lederman <martin.lederman at law.georgetown.edu> wrote:


Yes, it'd be Nancy Pelosi--unless the Court were to hold that the Presidential Succession Act is unconstitutional insofar as it prescribes congressional members in the line of succession.  (I don't think the argument against its constitutionality is compelling, but others disagree.)

More likely, I think, that the Court would resolve any Senate/House split before January 20, much as it would prefer not to do so.

On Thu, Sep 10, 2020 at 2:44 PM Stephanie Singer <sfsinger at campaignscientific.com<mailto:sfsinger at campaignscientific.com>> wrote:
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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Marty Lederman
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