Posted on 08/08/2020 7:05:52 AM PDT by DoodleBob
..If a nominee were to drop out of the race and be replaced by his or her party, what kind of ballot access obstacles might he or she face?
States require political parties to submit names of presidential nominees in order to certify them for the general election ballot. Every state has some sort of official or unofficial deadline for this...
(snip)
This begs the question: What happens if a candidate has dropped out of the race but wins the popular vote in a state? Would the replacement nominee just receive those electoral votes? The answer lies in what that state has to say about its electors in the electoral college...If the former nominee won in a state that does not have a law on how its electors vote, then, theoretically, he or she could win all of that state's electoral votes. But if the former nominee won in a state that does have a law on how its electors vote, then one would have to look at that law's fine print to see what would happen and if the state's electoral votes could go to the replacement nominee.
Examples of state laws on presidential electors
Michigan: "Refusal or failure to vote for the candidates for president and vice-president appearing on the Michigan ballot of the political party which nominated the elector constitutes a resignation from the office of elector, his vote shall not be recorded and the remaining electors shall forthwith fill the vacancy." (Michigan State Statute 168.47)
-Florida: "Each such elector shall be a qualified elector of the party he or she represents who has taken an oath that he or she will vote for the candidates of the party that he or she is nominated to represent." (Florida State Statute 103.021)
(Excerpt) Read more at ballotpedia.org ...
IX. Procedural Rules of the 2020 Democratic National Convention
G. Filling a Vacancy on the National Ticket: In the event of death, resignation or disability of a nominee of the Party for President or Vice President after the adjournment of the National Convention, the National Chairperson of the Democratic National Committee shall confer with the Democratic leadership of the United States Congress and the Democratic Governors Association and shall report to the Democratic National Committee, which is authorized to fill the vacancy or vacancies
But...if they did this, those Mail-in ballots with Sleepy Joe's name on it MAY be thrown out...they may not even be able to be allocated to the replacement candidate.
As best as I can tell, it would be up to a State's legislature to determine what to do with Biden mail-in ballots.
That will make the 2000 Election seem like nothing.
“Devout Catholic” Joe, will no doubt implore “the Thing” for guidance.
Americans do NOT vote for a candidate for president. They vote for electors. If a candidate drops out, the electors for that party can vote for a new candidate. The folks that wrote this probably don’t even know that America is a Republic, not a Democracy.
Just a site trolling for readers.
No, it would depend on who John Roberts wanted to be prez (I think we know that answer).
The 14th Amendment’s 20th Century application means the states get to pretend they have the final say.
Nice - they did all this research to ‘help’ the Republicans rid themselves of Trump 4 years ago, and now when it is getting more likely by the day regarding Biden, they don’t even talk removal - as they know it will start a civil war in their party.
In Michigan, the law says electors are bound to vote for the candidate on the ballot. In Florida, they vote in accordance with the party. If Joementia is replaced, but remains named on Michigan ballots, the replacement gets no boost from Joementia votes in the electoral college unless the law is broken.
And it's very murky what happens to mail-in ballots for a guy who's been replaced by the national party after the filing deadline. Assume Biden gets a plurality of the votes in PA followed by Trump with third place going to X, Biden's replacement. The PA Legislature (which is Republican-led) may be able to throw out Biden mail-in ballots and thus Trump wins and they draw the Electors from the RNC.
That's the point.
“Americans do NOT vote for a candidate for president. They vote for electors. If a candidate drops out, the electors for that party can vote for a new candidate. The folks that wrote this probably don’t even know that America is a Republic, not a Democracy.”
Let’s see. First, I don’t think political parties existed back then, so they’re not part of the Constitution. So if Biden ‘wins’ a state even after he drops out (or is removed), he still gets to choose the electors. Those electors can vote as they wish, and you’re right, they will vote for a Democrat, and almost certainly will...so I agree there. The fun part will be if all them vote for the same person...since that person’s name won’t even be on the ballot.
Then you have the ignorance factor. If a person receives a mail-in ballot and doesn’t see the name they understand to be the current candidate, say Skunk Cabbage, then I suspect many will toss out the ballot, particularly if they’re led to believe (maybe falsely, hehe) that a new ballot with Skunk Cabbabge’s name on it, will arrive. In any case, that can only hurt the Dems, and also hurt them down-ticket (which is the ONLY THING that stopped Paul Ryan’s attempted coup against Trump).
It would get interesting...and more interesting as the voting nears and ballots are printed up (I suspect that some are even being printed now).
Bottom line - expect the DEMOCRATS to want to delay the election if they need to replace Biden...and Trump now has them screaming about what a horrible idea that is.
Wouldn't it be justice times ten, if all this mail-in DNC effort comes to be their dad wnfall in 2020?
the electors will be Biden partisans, deliberately chosen to minimize unfaithful electors.
but when the party chooses a new candidate, some of those Biden partisans will not like the person chosen. we all dislike certain members of the party we belong to after all. so the problem of unfaithful electors goes up
Downfall...
Good point. In the Electoral College system, each state gets a certain number of electors based on its total number of representatives in Congress. Each elector casts one electoral vote following the general election; there are a total of 538 electoral votes. The candidate that gets more than half (270) wins the election.
An electoral college is a set of electors who are selected to elect a candidate to a particular office. Often these represent different organizations, political parties, or entities, with each organization, political party or entity represented by a particular number of electors or with votes weighted in a particular way.
NOTE There are "faithless electors" who vote for another candidate....but the USSC on July 6, 2020, unanimously ruled that states have the power to require presidential electors to vote for their party’s candidate for president.
It’s one of the tings that would get me to make the trip to march on Washington D.C.
“This begs the question: What happens if a candidate has dropped out of the race but wins the popular vote in a state? Would the replacement nominee just receive those electoral votes?”
This does not “beg” the question. This may “raise” the question, but it does not “beg” it. To beg the question is to posit the answer to a question while in the process of asking it. “Question begging” is a practice that constitutes a total failure of logic.
The person who engages in it reveals their unfamiliarity with the basics precepts of logic. People who consider themselves rational and who try to think their way through issues rather than consult their feelings should never allow themselves to be persuaded by the arguments of doltish question-beggers
"Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector."
So a state legisature could opt for a process where the legislators appoint the electors, or provide that the governor can.
"State laws and party rules on replacing a presidential nominee (State legislatures can throw out mail-in Biden votes if he's replaced?)"
FR: Never Accept the Premise of Your Opponent’s Argument
In stark contrast to the states unconstitutionally agreeing among themselves to limit the choices of presidential electors to candidates nominated by the constitutionally undefined political parties, patriots are reminded that the 12th Amendment (12A) gives presidential electors the power to write in any names that they please on their ballots.
"Article I, Section 10, Clause 3: No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State [emphasis added], or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay."
Excerpted from the 12th Amendment: "The Electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President [emphasis added], and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice- President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate; […]"
Note that even if Congress decided to let the states limit elector choices to political party candidates, it remains that Congress would be wrongly nullifying related clauses in 12A by doing so imo.
Also, state "winner-take-all" laws for electoral votes violate 12A imo since that amendment requires states to send all names voted for to President of Senate for counting.
Excerpted from the 12th Amendment: "The Electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice- President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate [emphasis added]; […]"
Next, consider that state primaries are an early 1900s product of anti-constitutional republic Progressive Movement, primaries not based on anything in the Constitution.
In other words, everything is a mess!
The bottom line is that the constitutionally undefined political parties are not about to surrender state powers, and state revenues uniquely associated with those powers, that they have been stealing from the states for the last 100+ years back to the states, state revenues stolen by means of unconstitutional federal taxes, taxes that Congress cannot justify under its constitutional Article I, Section 8-limited powers.
"10th Amendment: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
“Congress is not empowered to tax for those purposes which are within the exclusive province of the States.” Justice John Marshall, Gibbons v. Ogden, 1824.
”From the accepted doctrine that the United States is a government of delegated powers, it follows that those not expressly granted, or reasonably to be implied from such as are conferred, are reserved to the states, or to the people. To forestall any suggestion to the contrary, the Tenth Amendment was adopted. The same proposition, otherwise stated, is that powers not granted are prohibited [emphasis added].” —United States v. Butler, 1936.
The problem is that most patriots today have grown up with an unconstitutionally big federal government, many patriots probably wrongly thinking that everything that the federal government does is “somehow” constitutional.
The remedy for constitutionally failed federal and state governments…
Send "Orange Man Bad" federal and state government desperate Democrats and RINOs home in November!
Supporting PDJT with a new patriot Congress and state government leaders that will promise to fully support his already excellent work for MAGA and stopping SARS-CoV-2 will effectively give fast-working Trump a "third term" in office imo.
"The “Holy Grail” of organized crime is to party on Uncle Sam's "unlimited credit card."" —me
"The power to tax involves the power to destroy, [...]” —Chief Justice John Marshall, McCulloch v. Maryland, 1819.
"The 16th Amendment effectively repealed the involuntary servitude aspect of the 13th Amendment imo, evidenced by unconstitutional federal taxes." —me
"Congress is not empowered to tax for those purposes which are within the exclusive province of the States." —Justice John Marshall, Gibbons v. Ogden, 1824.
"13th Amendment, Section 1:
Neither slavery nor involuntary servitude [emphasis added], except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction."
"16th Amendment:
The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration."
"It’s politically correct, under the Democratic Party and its tyrant judges, to use your voting power to make your fellow citizens involuntary servants." —me
"The Democratic elite define a "pro-choice" democracy as being able to vote for your preferred master." —me
"The ill-conceived 17th Amendment not only effectively politically repealed the 3/4 state supermajority requirement of the Constitution’s Article V for ratification of proposed amendments to the Constitution imo, politically correct interpretations of the Constitution now prevailing under Democratic judicial tyranny, but also consider this. That amendment also effectively nullified Congress’s constitutional Article I, Section 8-limited powers along with the Supreme Court’s clarification of Congress’s limited power to appropriate taxes." —me
"Congress is not empowered to tax for those purposes which are within the exclusive province of the States.” —Justice John Marshall, Gibbons v. Ogden, 1824.
"The constitutionally undefined political parties are basically rival, corrupt voter unions, “union dues” paid by means of unconstitutional federal taxes. Belonging to a political party means that you are a subject, not a member.” —me
"Patriots need to support PDJT in demanding that Congress moves "April 15" tax day to the day before election day." —me
"The smart crooks long ago figured out that getting themselves elected to federal office to make unconstitutional tax laws to fill their pockets is a much easier way to make a living than robbing banks." —me
"Federal career lawmakers probably laugh all the way to the bank to deposit bribes for putting loopholes for the rich and corporations in tax appropriations laws, Congress actually not having the express constitutional authority to make most appropriations laws where domestic policy is concerned. Such laws are based on stolen state powers and uniquely associated stolen state revenues." —me
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