The Perfect Storm?

[LionPride]

This years election is possibly shaping up to be the perfect storm. With Chief Justice William Rehnquist now showing signs that his cancer is more serious than previously thought, he may be unable to produce a ruling to break a 4-4 in the Supreme Court if it becomes necessary.

I know the scenarios if there is a 269-269 electoral tie (which is possible), but what happens if something goes to the Supreme Court (like in 2000) and they come back with a 4-4 ruling? I'm not sure the constitution addresses this.

I'm looking for thought out non-partisan responses here. I promise not to take this topic down the "Bush is best for country" path IF my liberal friends don't take it there.

[southpaw]

I really don't know LP. The House votes for the president and the senate vice president in case of a electoral tie.

[fleaflicker]

Another concern of mine is that both parties have thousands of lawyers working the polls and looking for the slightest thing to file for a lawsuit or unfair election upon. I think even if the electorial vote goes 300-238 one way or the other, the losing side will try and contest a bunch of close states and literally try to have a court decide the election in his favor. I thought this was supposed to be the will of the people, not the will of the court. Unfortunately, the 2000 election may have changed that forever...

[southpaw]

I agree Flea. With 15,000 lawyers and 15 million both sides could make this ugly. The precedent was set in 2000 and now who knows what will happen.

[AUSTIN_22:22]

this election could get ugly after the polls are closed. earlier this week on a philadelphia news broadcast, a big story was featured where volunteering college students were taking absentee ballots out of a prison to deliver them to state officials. since any third party handling absentee ballots is considered contamination, the ballots were nullified. this is only a small contained event. if this election is as close as advertised, many votes could be challenged by minor technicalities. i hope it doesnt come down to that. i hope the victory for either candidate is clear-cut and the loser concedes w/ class. no hanging chads this year.

[LionPride]

I think it's a given that no matter what happens or who wins, there will be court cases. I don't like it, but that's the way it is. My concern now is that if it goes to the Supreme Court like last time, and Rehnquist can't be there, what happens in a 4-4 tie. I always felt that Rehnquist should've retired in the past 4 years so that President Bush could've nominated another conservative, but that didn't happen. Now we're potentially left with a possibility that is not covered in our Constitution that I know of. Am I wrong?

[AUSTIN_22:22]

since everything my high school history teachers taught me has been forgotten in less than 2 years (sorry bedrock :oops: ), i had to get some help with this.

according to the 12th amendment, any tie in the electoral college would result in a vote by the house of representatives.

as i remember, the last election went to the supreme court b/c florida was being disputed. the justices had to decide who won the state. their decision on who won florida then gave bush the victory.

so, if there is a tie or neither candidate gets a majority, the house would then vote to decide the winner. if a legal issue comes up when the electoral votes of a state are at stake, the supreme court would be the deciding force.

to learn more about the electoral college, go to howstuffworks.com and search for electoral college. it is very very very confusing.

[LionPride]

Austin, that's not my point. I know an electoral tie goes to the House. There's also a chance for a Bush/Edwards Presidency in that case, and there's also a very remote chance of a Edwards presidency or a Cheney presidency.

My point is that what if there is another Supreme Court case like in 2000, and Rehnquist can't be there? Most likely, a vote would end in a 4-4 tie. How is the case decided when this happens? I don't know.

[AUSTIN_22:22]

O O O, sorry about that, i wasn't sure what u were asking. at least maybe i cleared some things up for other ppl who read this and don't know or remember how it works.

i would guess either wait until he could make a ruling or...no clue. i just hope it doesn't come to that.