Subject: Re: Hypothetical Question
From: Karl Manheim
Date: 10/15/2002, 4:12 PM
To: Frank Askin
CC: pryan@cgs.org, smulroy@memphis.edu, election-law@majordomo.lls.edu

This is a fairly complex question that has prompted 2 constitutional
amendments (12th in 1804 and 20th in 1933) and, more recently,
congressional hearings in the 1990s.

For a literary and somewhat amusing answer, see Jeff Greenfield, The
People's Choice (Plume, 1996).

For a more serious answer, one has to divide the quadrennial
presidential election into several distinct time periods: 1) prior to
general election; 2) between general election and meeting of electoral
college; 3) between meeting of electors and opening and counting of
votes in congress; and 4) between certification by congress and
inauguration.

I'm not sure we have a "president-elect" before congress meets (usually
on Jan. 6 of the year following a presidential election).  We certainly
don't have one before the electoral college meets.  As to what happens
if a victorious candidate withdraws before the electors cast their
votes, that is one of the great "constitutional holes."

Karl
--


Karl Manheim
Loyola Law School
919 S. Albany St.
Los Angeles, CA  90015
Tel:   213-736-1106
Fax:   240-414-7747
Web:   http://faculty.lls.edu/manheim

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