Law Office of Martha-Irene Weed

Board Certified in Marital and Family Law

412 East Madison Street, Suite 1100
Tampa, Florida 33602
(813) 254-9005



Romney/Biden 2012???

October 29, 2012


Sounds crazy, but it could happen. The magic number that President Obama and Mitt Romney are looking for in the Electoral College this year is 270, but there is a chance (albeit a small one) of both candidates receiving 269. If this happens, there is a really good possibility that you will see Mitt Romney standing next to Joe Biden at the inauguration.

Here's how it works: The Twelfth Amendment to the Constitution provides that if there is a tie in the Electoral College, the House of Representatives would cast a vote to decide who will win the presidency. Since the Republicans hold a majority of the House, they would likely pick Mitt Romney as their President. On the other hand, the Senate has the duty of voting for the Vice-President. If the Democrats maintain control over the Senate, they will assuredly pick Joe Biden as the Vice-President, thus leading to a Romney-Biden White House.

To add even more of an odd twist; If, by some miracle, there is a tie in the Electoral College and a tie in the Senate, Joe Biden would cast the tie-breaking vote because as the current Vice-President, he has the duty to cast the deciding vote where there is a tie in the Senate. Thus, he would have the sole decision to determine who would become the next Vice-President. I think I know who he would choose.

If I am right in Biden's choice, this would mark the first time since the John Adams/Thomsas Jefferson administration where two different political parties held power in the White House. It was a bad idea then and it is a bad idea now.

I understand that this is not a family law topic, but it is an interesting legal dilemma in which this country could find itself. Speaking factitiously, surely there is not a single person in the public who has not had enough of the attack ads, news stories, billboards, water cooler talks, and other bombardments brought about by this election season. The best solution to this unique problem is to cast your vote and hope that your guy gets more than 269 Electoral College votes!

GET OUT AND VOTE.


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