Mierin
Donor
I was responding to your post about not getting to 270 electors, which would require the Senate and House concurrence to reject EC voters.
As for two sets of electors, that's a state issue as the states choose the electors. So you'd need to show me where the state law allows this to happen. I understand that it happened a really long time ago, but state laws have changed since then.
I am saying they wouldn't get to 270 because the House and Senate don't agree on the count. The reason they wouldn't agree on the account is because the state(s) send 2 sets of electors.
An article I read today which I can't dig up right now showed that the governor decides the electors but the state legislature can step in and they could send 2 different sets.
Edit: Ok I found this one - the one I read earlier was from a bigger news source but it was saying the same thing. And then I promptly closed it before pasting it, but it's from rollcall.com.
Michigan’s Democratic secretary of state and governor would assign electors based on the popular vote that Biden won. But the Republican-led Legislature, if it grabs on to arguments that the popular vote was fraudulent or otherwise problematic, might claim it has the authority to assign its own slate of electors.
While no legislature has ever tried to seize that authority after an election takes place, Foley points out that the Florida Legislature tossed around the idea in the 2000 election aftermath.
In the Michigan example then, both sets of electors meet and send the results for Congress to tally. That’s when the muddled language of Section 15 might kick in.
The Senate and House would then have to split over which of the two counts to accept. This could happen, in theory, if Republicans retain control of the Senate in the election and Democrats do the same in the House.
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