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LexisNexis Search Uncovers Interesting Election Tiebreakers
Bush/Edwards in 2005? Could it be possible?
DAYTON, OH, September 24, 2004 - As the campaigns for the 2004 U.S. presidential election heat up, you most likely won’t see any “Bush/Edwards” lawn signs in your neighborhood. However, such a pairing could happen, albeit highly unlikely. LexisNexis®, a leading provider of legal, news, and business information services, discovered some interesting information on how the tie would be broken.
Depending on which poll is quoted, George W. Bush is pulling ahead of John Kerry in the race for the presidency. But, back in 2000, Al Gore won the popular vote while George W. Bush won the Electoral College. Imagine today what would happen if there was a tie - if the Electoral College is deadlocked on who wins the seat in the Oval Office? Would President Bush win automatically because he’s the incumbent? Or, would there be another election?
In the event of a tie, the U.S. House of Representatives would choose the president based on one vote per state represented. The winner must have an absolute majority. With the House under Republican control, it would seem logical that George W. Bush would be tapped as the winner. The Senate chooses the vice president. If Democrats are in control of the Senate, they would likely select John Edwards as the vice president.
Thus, the United States would have a Republican president and a Democrat vice president-bipartisan leadership in the truest sense.
With that established, how would each state go about deciding which way to cast a vote? The LexisNexis search found some interesting "tiebreakers."
In Florida’s Constitution, it’s a matter of drawing straws. Statute 100.181 declares "in case two or more persons receive an equal and highest number of votes for the same office, such persons shall draw lots to determine who shall be elected to the office."
Wisconsin’s statute 5.01(4)(a) says likewise, "If 2 or more candidates for the same office receive the greatest, but an equal number of votes, the winner shall be chosen by lot in the presence of the board of canvassers…" and if candidates are present, "The candidates may, if all those tied for the same office are present, draw for themselves."
New Mexico offers an even more exciting alternative to select the nation’s president. The state’s constitution suggests a game of chance as the way to determine a victor, but which game to play would be a judge’s decision. From the roll of dice to the toss of a coin, it would be anyone’s guess who the nation’s president would be.
In the remaining battleground states, of which there were originally 21, the president would be selected in more traditional fashion - "if any two or more have an equal and the highest number of votes for the same office or offices, one of them or any two for whom joint votes were cast shall be chosen by joint vote of both houses," according to Ohio’s constitution.
In Arizona or Missouri, the country may need to hold its collective breath to determine a president. Those states won’t decide until the "next regular session of the general assembly" to cast its joint vote in the event of a tie.
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