Electoral College may not need Florida electors to choose president
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On December 18, electors from all 50 states are scheduled to pick the president. An 1887 law fixes this as the date for electors to cast their ballots, constitutional law scholars said Friday. Because Florida’s votes are still being counted and given the possibility of legal challenges blocking ballot certification, it is remotely possible that Florida may not appoint its share of 25 electors by December 18, the scholars said. That means only 513 members of the 538-strong Electoral College would be available to pick either Democrat Al Gore or Republican George W. Bush to be the next president. Can the remaining electors still pick the president with Florida shut out of the process? Yes, according to Neal Katyal, a constitutional law professor at Georgetown University’s law school. He said the 12th Amendment to the U.S. only requires a “majority” of the electors to vote and nothing in the Constitution says all electors must vote. Such a scenario could help Gore, he said. If all 538 members voted, the winner would need 270 votes to be named the next president. But if only 513 electors were present, the requisite majority would be reduced to 257, said Michael Glennon, a constitutional scholar at the University of California-Davis who has written a book on the Electoral College. More : edition.cnn.com |