Monday, September 22, 2008


Craig Crawford, CQ - The worst thing about an electoral tie would be having to dust off one of the Constitution's most confusing passages -- a provision of the 12th Amendment. . . The House balloting under the 12 Amendment is one vote per state (resulting in the horribly disproportionate scenario where Wyoming and California carry equal weight). Obama still should have the advantage in a House tally of state delegations. In its current configuration (and assuming a strict party-line vote), the House would award 28 votes to Obama and 21 to GOP nominee John McCain. Two states are evenly split by party, presumably resulting in a tie. And the District of Columbia gets to vote. But the incoming House would likely be the decider (the 12th Amendment is not entirely clear on this point) and we don't know what the party breakdown will be until after the election. Although a good guess will be that Democrats gain seats. So it appears that an Electoral tie goes to Obama -- unless the McCain team figures out a way to have the Supreme Court pick another president.


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