Haha! Yet ANOTHER scenario: Garland: Joe Biden, our next President?

[gateley]

10.30.12 [e-mail] - Monday on the Think Tank I was joined by Dr. Ryan Teten, Assistant Professor of the Political Science at ULL, who specializes in elections and campaigns. Dr. Teten will join me election night to offer analysis; we talked today to preview the race between President Barack Obama and Governor Mitt Romney.

However, in a race that is already razor-thin in terms of polling, Dr. Teten brought up something that floored me.

Forecasters say Hurricane Sandy could wreck serious havoc across one of the most densely-populated areas of our country. Millions may not be able to vote, and the ensuing confusion could also escalate already-simmering charges of voter fraud between the campaigns.

What happens if the whole thing gets tied up in the courts into January, or there's not a majority winner in the Electoral College, or both? Well, according to Dr. Teten, it might mean Joe Biden becomes the next President.

You read that right. Not Obama… not Romney. Biden.

"It's one of the most interesting things that's in the Constitution," Dr. Teten told me. "If there is a delay in picking the president, there is a failsafe. If no one got a majority of the Electoral College, it would go to the House of Representatives. If we don't have results by Inaugural Day (January 20, 2013,) the sitting Vice President of the United States becomes president."

So, if the matter isn't settled by January 20, Smilin' Joe becomes president.

Dr. Teten explained further: "In the Constitution, there's actually separate balloting for president and Vice President. So, what they had assumed, and what the 20th amendment speaks to, if there was some kind of dispute that wouldn't allow the President to be chosen, that the vice-president-elect (would assume the Presidency). But the problem is, because they're on the same ballot right now, we wouldn't have either one. So what happens is you default to the sitting Vice President, because they knew the President could be in the competition. And so you'd be looking at the Vice President becoming the President of the United States until the mess was sorted out.” /snip

http://www.wwl.com/Garland--Joe-Biden--our-next-President-/10773584?pid=275315

[NYC Liberal]

1. Possible but highly unlikely. Still, it's always good for people to learn about the constitution.

And as to the last paragraph from Dr. Teten:

There's also the possibility that the election goes to Congress, where the House is deadlocked on choosing a president but the Senate votes for a VP, in which case there would be a VP-elect to take over.

[madokie]

2. And the first thing that Joe would do

is turn to President Obama and give him the keys to the white house and remain as President Obama's vice President. Joe knows who is the best damn President in any of our lifetime

[gateley]

3. Agree.

[PatSeg]

4. Okay

This is making my head hurt!!!

[gateley]

5. No kidding! This week can't pass soon enough. And then if there are challenges or

delays -- torture!

[PatSeg]

14. I really think a long break from politics!

I know there are other things besides politics, but I can't remember what they are anymore..........well, there's always Sherlock.

[irisblue]

6. I'm good with this.

gotta love the US Constution..

[SickOfTheOnePct]

7. One problem with his analysis

Regardless of the fact that there is only one ballot for POTUS and VP, the Senate would still be able to choose the VP. The Constitution only speaks to the VP being chosen between the two VP candidates with the most votes. A vote for the Obama/Biden ticket is a vote for Biden for VP.

The Senate, which Democrats control, would pick Biden as VP, and if the House couldn't decide on a President, the Biden would become President on Jan 20.

Not sure where the comments about handing the keys over to Obama come from, as that wouldn't even be possible under sceanrio I can imagine.

[SickOfTheOnePct]

8. Also, not sure where he gets the idea that the sitting VP would become President

There is nothing in the Constitution that addresses neither a POTUS or VP being selected. Most likely scenario would be that the newly elected Speaker of the House would become POTUS, since that is the next person in line, Constitutionally.

[gateley]

9. Here's the full text of Section 3 of the 20th Amendment:

(I read it but my eyes were glazing over)

If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.

The text above says Biden would be President "until a President shall have qualified." While that would presumably be when the House of Representatives (or court system) settles on the "winner." Dr. Teten says it may not be so clear-cut.
"Nobody has ever done this before. If we go this route, it could be a serious Pandora's Box."

[SickOfTheOnePct]

10. No, it doesn't say that

It says the Vice President elect would be President until a President shall have qualified. If the Senate chooses Biden as VP (due to an electoral vote tie), then yes, Biden would become President. But the scenario described in the OP was if there were neither a President elect nor a VP elect.

In the following section, it's clear that if there is neither a President elect nor a VP elect, Congress decides how to select a President, and it certainly says nothing about defaulting to the sitting VP, as claimed by the interview in the OP:

and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.

[EC]

11. No , unless the make-up of the House changes a lot

the House will pick a President...it won't be Biden.

[SickOfTheOnePct]

12. Yep

I don't think there is any way it will be a tie in the Electoral College, but if it is, there is little chance the winner will be Obama, and Biden wouldn't even be eligible to be chosen by the House.

[SickOfTheOnePct]

13. I don't believe for a second there will be a tie

But the entire process is fascinating to me. The Constitution says the House picks the President, but there is nothing that binds them to a specific method of each state deciding. They could all decide using the same method, or they could each determine their own way of deciding how their state will vote, or anything.

Don't want to see it happen, but it is interesting.