Quick Answer: Who Has The Power To Elect The President When There Is No Majority?

Who has the power to hold elections?

The United States Constitution gives each house of Congress the power to be the judge of the “elections, returns, and qualifications of its own members” (Article I, section 5)..

Who did the constitution give the authority for holding congressional elections?

Section 4 of Article One grants the states the power to regulate the congressional election process but establishes that Congress can alter those regulations or make its own regulations.

Where does the Constitution talk about elections?

Article I, Section 4, Clause 1: The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.

Who picks Electoral College members?

Choosing each State’s electors is a two-part process. First, the political parties in each State choose slates of potential electors sometime before the general election. Second, during the general election, the voters in each State select their State’s electors by casting their ballots.

What happens if the presidential election is undecided?

Presidential election If no candidate for president receives an absolute majority of the electoral votes, pursuant to the 12th Amendment, the House of Representatives is required to go into session immediately to choose a president from among the three candidates who received the most electoral votes.

How is the president elected Constitution?

But the president and vice president are not elected directly by citizens. Instead, they’re chosen by “electors” through a process called the Electoral College. The process of using electors comes from the Constitution. It was a compromise between a popular vote by citizens and a vote in Congress.

What does the Constitution say if a president is not elected?

If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President …

Who has the power to regulate elections?

While Congress has the explicit authority under the Elections Clause to regulate the times, places, and manner of congressional elections, with respect to presidential elections, Article II, Section 1, Clause 4 simply provides that the “Congress may determine the Time of chusing the Electors, and the Day on which they …

Who should choose the vice president if no one gets a majority in the Electoral College?

To balance the role of the House in breaking presidential ties, the Twelfth Amendment requires the Senate to handle that responsibility for deadlocked vice-presidential contests. The Senate must choose between the two top electoral vote recipients, with at least two-thirds of the Senate’s members voting.

What are 3 major flaws in the electoral college?

Three criticisms of the College are made: It is “undemocratic;” It permits the election of a candidate who does not win the most votes; and. Its winner-takes-all approach cancels the votes of the losing candidates in each state.

Can Obama be a vice president?

Joe Biden2009–2017Barack Obama/Vice presidents