BS: An interesting question....

Subject: BS: An interesting question....
From: Rapparee
Date: 06 Nov 04 - 07:36 PM

Okay, I am NOT proposing this as anything other than a theoretical scenario. It applies to this election and the one in 2000, and possibly to ones in the future.

The Constitution says that the person who gets the greatest number of electoral votes wins.

Most states require that their electoral votes be given, in total, to the person who garners the popular vote in that state.

What happens if the election is, as this one was, very close? One candidate concedes, but the vote counting goes on (which it does). When the count is over, the pivotal state has cast the popular vote for the person who conceded! That person now has the electoral votes needed!

Who's president?

The Constitution doesn't address the issue.

And I'm talking of things as they are, not whether or not the Electoral College should be abolished or anything. And the Supreme Court should follow the Constitution, since there is now a clear winner.

My wife, the lawyer, says, "That's an interesting question."

Subject: RE: BS: An interesting question....
From: Rabbi-Sol
Date: 06 Nov 04 - 07:44 PM

If you remember in 2,000 Gore at first conceded and then withdrew his concession. The actual tally of the votes is what would count. A concession speech made in error does not have the power of law and can definitely NOT override the Constitution. SOL ZELLER

Subject: RE: BS: An interesting question....
From: beardedbruce
Date: 06 Nov 04 - 08:18 PM

a related thread

Only the vote of the Electorial College is binding, under law. It does not even matter what the vote is: The STATES can select the Electors.

Subject: RE: BS: An interesting question....
From: dianavan
Date: 06 Nov 04 - 08:38 PM

Until the votes are counted, Bush is president. Kerry conceded so that there would be business as usual. In the event that the
electoral vote goes to Kerry, he will be president. Isn't that how it goes?

d

Subject: RE: BS: An interesting question....
From: beardedbruce
Date: 06 Nov 04 - 08:42 PM

Actually, until Jan 20th Bush is President: Then, the winner of the Electorial College vote, or the House vote if it is thrown there, will be sworn in.

But there is some desire for a smooth transition, if there is to be a change. The Electorial College has until mid December, I believe.

Subject: RE: BS: An interesting question....
From: Once Famous
Date: 06 Nov 04 - 09:24 PM

What's the weather supposed to be like tomorrow?

Subject: RE: BS: An interesting question....
From: Peace
Date: 07 Nov 04 - 07:45 PM

It is snowing here.

Subject: RE: BS: An interesting question....
From: GUEST,Diogenes
Date: 07 Nov 04 - 08:01 PM

Martin Gibson, wherever you are, it's dark.

Subject: RE: BS: An interesting question....
From: freightdawg
Date: 07 Nov 04 - 08:42 PM

My guess is that the concession speech would have no validity whatsoever. It is simply a ritual that the two contestants have mutually agreed on from who knows back when. Once an election is over the loser is to graciously "concede" to the truth of the results (whether he does or not is immaterial.) I had the same question. Glad you posted, Rapaire.

Boy, would that get ugly though.

Freightdawg