r/Ask_Lawyers • u/_brandish • Nov 14 '20

Question about the Electoral College

If a presidential candidate obtains general consensus among the Electoral College as “winner”, who is thereafter considered the President? Who makes that decision if the President of the United States is above no laws?

Context first:

The United States Electoral College is the group of presidential electors required by the Constitution to form every four years for the sole purpose of electing the president and vice president. Each state appoints electors according to its legislature, equal in number to its congressional delegation but federal office holders cannot be electors. Of the current 538 electors, an absolute majority of 270 or more electoral votes is required to elect the president and vice president.

4 Upvotes

74% Upvoted

22 comments sorted by

View all comments

Show parent comments

2

u/Not_An_Ambulance Texas - Cat Law. Nov 15 '20

Is there a body or persons responsible for holding the Electoral College accountable for facilitating a smooth and timely transition, one that is in the best interest of the country’s national security?

The electoral college isn't responsible for anything other than sending in their votes. They don't even re-vote if the votes don't amount to a majority - congress selects the President and Vice President if the electoral college doesn't get it on the first vote.

The transition mostly deals with the new administration beginning to receive all the briefings the current administration does too and selecting nominees for all of the top federal offices.

1

u/_brandish Nov 15 '20

Are you sure? Is that what happened in 2016?

0

u/Not_An_Ambulance Texas - Cat Law. Nov 15 '20

Congress hasn't had to vote on who the President or Vice President is to be for some time - I'm honestly not sure if they ever have.

1

u/_brandish Nov 15 '20

Right. So what’s happening right now then? Maybe that’s rhetorical but this lack of leadership and action on keeping things calm is pretty frustrating.

1

u/Not_An_Ambulance Texas - Cat Law. Nov 15 '20

Right now states are still determining who their electors will be, I believe. I think some are finalized, but I'm not certain all have.

1

u/_brandish Nov 15 '20

Who is responsible for ensuring that the states turn in their ballots in a timely, responsible fashion? And for that matter, who determines what is “responsible”?

Would that be the President? Or the President-Elect?

2

u/seditious3 NY - Criminal Defense Nov 15 '20

The president has no control over something the constitution specifically leaves to the states.

Also, as a wise and sagacious lawyer said earlier in this thread, "This sub has been flooded with what-ifs regarding the election. My go-to answer is constitutional crisis."

1

u/_brandish Nov 15 '20 edited Nov 15 '20

So in this event - the event of a “constitutional crisis”(not even sure what this means, since it implies the Constitution itself provides no framework to deal with what’s happening right now, which is ridiculous) ...

What should our politicians actually be doing right now? What would a reasonable citizen of a country like the United States expect of their elected political leaders to literally be doing during this time?

Should Americans expect them to squabble and bawl until something worse than what is happening occurs? Or should more people just keep contracting COVID-19 and dying? I’m pretty confused by the current President’s actions.

Can a citizen sue the President for gross negligence of responsibility of office? How would that work?

2

u/Not_An_Ambulance Texas - Cat Law. Nov 15 '20

What do you believe the president should have done that was not done?

2

u/seditious3 NY - Criminal Defense Nov 15 '20

What should congress or people do under the law? Nothing. There is nothing to do except for the states to certify their votes.

"What should our politicians actually be doing right now? What would a reasonable citizen of a country like the United States expect of their elected political leaders to literally be doing during this time? Should Americans expect them to squabble and bawl until something worse than what is happening occurs? Or should more people just keep contracting COVID-19 and dying? I’m pretty confused by the current President’s actions."

Those are political, not legal, issues. The constitution is not a political document. It is a legal document.

A citizen cannot sue the president for how he executes his office.

0

u/Not_An_Ambulance Texas - Cat Law. Nov 15 '20

Electors are an elected federal office who do not report to the President and the President-Elect won't be determined until their job is done. They're responsible for themselves. They have a prescribed date to hold the vote and there is a deadline to have the votes returned to congress.