Monday, April 11, 2016

We are a Long, Long Way from Selecting a President

Every 4 years, we follow the constitutionally prescribed method of selecting a president.  In recent history, that process involves primary campaign, followed by a party convention, leading to nominees from each major party.  That's when the national campaigns begin.  Up until this year, we thought that a third party candidate was the only deviation that could create chaos. Boy were we wrong.

This election year is not normal. The traditional thought would be that Hillary Clinton and Donald Trump would be the major party candidates and would now be running national campaigns based on their delegate leads.  I am still one who believes that a Trump Clinton contest for president is still less likely than some alternative.

First take the democrat race.  Crazy Bernie is persistent even though he is almost mathematically eliminated from getting a majority of the delegates.  I believe he is counting on winning the FBI primary big, and finding an open playing field after Clinton is indicted.  Could happen, but I doubt if the party would allow a geriatric socialist to become their nominee.  I would expect plan B to install a Warren or Biden as the democrat nominee if Clinton can't run, or can't win.

The republicans seem bent on ensuring their delegate leader is replaced at the convention by anyone not named Ted Cruz.  Since the party selects the nominee, I like their chances of ignoring the primary voters, and installing their person as the republican nominee.  But another intriguing scenario could come into play if Clinton and Trump are the nominees.  That scenario uses the electoral college and rarely used constitutional prescription to elect someone not named Trump or Clinton.  Here is how that would work.

The electoral college consists of 538 elector apportioned by state, and based on population.  In order to win the presidency, a candidate must receive a majority, or 270 electors.  The scenario that could come into play this unique election year would be the very late entry of a candidate onto a few state ballots.  That new candidate need not win 270 electors to become president.  All they would need to do is win enough states, maybe a couple of medium sized states to avoid Trump or Clinton from reaching the magic number of 270.

For instance if this mythical late entry was able to win 25 electors and Trump/Clinton split the remaining 513, nobody would reach 270.  This is a very plausible scenario given that both Trump and Clinton do not have the devoted support of majorities.  So what would happen next?

The constitution would then place the responsibility of selecting the next president with the house of representatives.  Assuming the republicans still have control of the house, their choice would be between Clinton (not going to happen), or Trump (not going to happen either), or the mythical late entry candidate (could happen).

This may be the angle under consideration by Ryan or Romney.  Get their names on a few state ballots "just to keep the possibility open".  Then use the constitution to become elected without ever entering a primary. It could happen.  You see, we are still a long, long way from electing a president.

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