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

[sean at impactpolicymanagement.com]

Yes, if in a contingent election the Senate is able to chose a VP while the
House is unable to chose a president, then the VP becomes the acting
president.

 

Sean

 

 

From: Law-election <law-election-bounces at department-lists.uci.edu> On Behalf
Of Lori A Ringhand
Sent: Thursday, September 10, 2020 4:13 PM
To: Stephanie Singer <sfsinger at campaignscientific.com>; Marty Lederman
<Martin.Lederman at law.georgetown.edu>; Richard Winger
<richardwinger at yahoo.com>
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?

 

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
<mailto:law-election-bounces at department-lists.uci.edu> > on behalf of
Richard Winger <richardwinger at yahoo.com <mailto:richardwinger at yahoo.com> >
Sent: Thursday, September 10, 2020 4:08 PM
To: Stephanie Singer <sfsinger at campaignscientific.com
<mailto:sfsinger at campaignscientific.com> >; Marty Lederman
<Martin.Lederman at law.georgetown.edu
<mailto:Martin.Lederman at law.georgetown.edu> >
Cc: Election Law Listserv <law-election at uci.edu
<mailto: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
<mailto: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 

Georgetown University Law Center

600 New Jersey Avenue, NW

Washington, DC 20001

202-662-9937

 

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