Handbook On Election Laws

Cover Handbook On Election Laws
Handbook On Election Laws
James Hamilton Lewis
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It has been argued by different factions at different times that the decision rested with the Vice-President, with the two houses of Congress voting together, and with the two houses of Congress voting separately. The latter would seem to be the correct view, but it fails to provide for cases where a deadlock might arise between the two houses on the question of accepting or rejecting certain votes. This question, which FEDEEAL ELECTIONS 253 brought the country almost to the verge of Civil War ...on the disputed election of 1876, has never been passed upon by the United States courts. The dispute in 1877 was set- tled by the creation of the Electoral Com- mission, a temporary and unsatisfactory expedient which cannot become a precedent.
The method of electing the President in case no candidate receives the votes of a majority of the electors is a very anomalous one, and one which might lead to very unex- pected results if this country should ever have three or more strong political parties, instead of two such parties.


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