Fat hurts wrote:
Racket wrote:
Speaker of the House becomes president on January 20th if there's no clear presidential election winner by then so this plan seems poorly thought out.
I'm going from memory here, so correct me if I'm wrong. But the speaker does not become president.
If there is no winner in the Electoral College then the president is chose by the House of Representatives. In this case, Trump would win because the vote is done by state delegations. Republican White Nationalists have more majority delegations than Democrats.
It appears from this article written by the Dersh that it would come down to the ruling Senate, which would be the Democrats since most Senate races will be for currently serving Rs (which would not continue to serve after election). They would be able to choose a POTUS.
"But if there is no election, there is no president elect nor vice president elect. Congress does provide for a line of succession to the White House “if by reason of death, resignation, removal from office, inability, or failure to qualify,” there is neither a president nor a vice president. This also does not appear to encompass the absence of an election. There is an obvious gap in our Constitution as the Framers simply did not contemplate a “no election” scenario. However, even if Congress has the authority to fill this gap in the Constitution, it is unclear that it has done so with the existing law, because the line of succession begins with the House speaker.
But there would be no House speaker if there were no election, because there would be no House, all of whose members would be up for election in November. The terms of all members of the House would end, as stated in the Constitution, on January 3. There would, however, be a Senate, with a majority of its members not up for election in November and, therefore, still serving their terms. This is important as the next in line would be the president pro tempore of the Senate, which is Charles Grassley. However, if there were no election, there may be a Democratic majority among the remaining senators not up for reelection, unless sitting governors or state legislators were allowed to fill vacant seats, which is another issue.
The longest serving majority senator is traditionally handed the honor of serving as the president pro tempore of the chamber. Among Democrats that would be Patrick Leahy. But a Democratic majority could choose any sitting senator for that role, including Elizabeth Warren and even Bernie Sanders. If the succession law covers a missed election, which would be doubtful, then the senator selected to serve as president pro tem would become the next president. This thought is scary enough to Republicans to assure that they will do everything they can to hold the election.
https://thehill.com/opinion/judiciary/493101-who-takes-control-if-there-is-no-presidential-election-this-year