Election law specialists say that Congress needs to clarify a provision to the 133-year-old law for selecting the president in order to prevent a constitutional crisis if there is no clear Electoral College winner by Inauguration Day.
The election law in concern is Area 15 of the Electoral Count Act of 1887, which one political scientist has called “nearly muddled,” according to Roll Call.
< p class=" ad-notice flipboard-remove" fl: fl-noexcerpt =" real" > Ad- story continues listed below” If you’re asking the question what ought to Congress do to prepare for November, [clarifying the arrangement] would be on the top of the list,” constitutional law professor Edward Foley stated.
Foley is also the director of Ohio State University’s election law program and has written on the arrangement and hosted an online professional roundtable discussion about it.
” The issues begin if a state submits two different election results and your home and Senate clash on which results must be tallied,” Roll Call reported.
If that were to occur, Foley says there are conflicting analyses of the law and what Congress would be needed to do.
One interpretation holds that Congress would count the electoral slate supported by the guv, and the other says the state’s electoral votes would not be counted.
< p class=" ad-notice flipboard-remove" fl
: fl-noexcerpt =” true “> Ad- story continues listed below Foley called the arrangement the” Achilles’
heel” of the Electoral College system. A law professor at the University of Iowa who focuses on election law said that although it would be good for information on the provision, there are a lot of other election problems Congress might offer explanation on.