Session 3: From Joint Session of Congress (Jan 6) to Inauguration Day (Jan 20)
Hypothetical Scenario 3.2: Congress decides to invalidate Florida’s electoral votes; what happens to the Electoral College math?
If with respect to Scenario 2.3 (or any other scenario) both chambers of Congress agree to invalidate a state’s electoral votes, so that no electoral votes count from that state, what is the consequence for calculating whether any candidate has received a majority of electoral votes under the Twelfth Amendment? For example, suppose all of Florida’s 29 electoral votes are invalidated, leaving the Democratic candidate with 268 and President Trump with 241. Does neither candidate have an Electoral College majority, requiring the presidential election to go to the House under the special one-vote-per-state procedure in the Twelfth Amendment? Or instead, does the Democratic candidate have “a majority of the whole number of electors appointed” because, without Florida having appointed any valid electors, the whole number is 509 (538-29), and 268 is a majority of 509?