OK, so we all know that Bill Clinton cannot ever be the President or the Veep again. That much is clear. But… that doesn’t mean that he can’t run again. In another thread it was asked who could win as an independent, and I think that Slick Willie could potentially win the election as an independent if he were allowed to serve again.
So, say he were to run as an independent, and the states that he won had to pledge their electors to him by law, what would happen if he won the Electoral College? Would Congress be forced to disregard the results and choose themselves? I honestly have no idea. Of course, this is really just a thought question because it won’t ever happen, but it’s intriguing nonetheless (at least to me).
In 1872, Horace Greeley, the unsuccessful Democratic candidate for president, died after the popular vote but before the meeting of the electoral college. Greeley had won the state of Georgia, and three Georgia electors tried to vote for Greeley, even though he was dead, and thus presumably ineligible to serve. Congress refused to count their ballots. I assume that any elector trying to vote for Bill when he is not eligible to become President would meet the same fate: Congress would simply refuse to count their vote.
I know about that, but that’s 3 votes. I’m talking 271 votes. Are they all invalidated? If the electors are bound to Clinton in this case would they be charged with breaking the law if they went faithless?
More to the point, how would a winner be determined? The higher percentage of the remaining votes? Congress stepping in and making the determination themselves? Imagine the outrage over that one.
Right, so even if the election goes to the house, Bill can’t be chosen. But then the house could elect ANY constitutionally eligible person in the country.
If the house wishes to contact me about this matter, my email is in my profile.
This section of Missouri law states that a candidate for office can challenge the qualifications of any other candidate for the same office. And here’s the key line
So, at least in Missouri, if Bill filed for election, the other candidates could challenge his right to be on the ballot. Since Bill is “not qualified” to hold the office of President anymore, he would be thrown off the ballot.
Actually, no. According to Amendment XII, the House is required to chose among the top three vote-getters (in the Electoral College). Amendment XII is silent on whether the House process constitutes an “election” or whether the intent is the top three eligible candidates. Note also that the House makes its selection by states, the delegation from each state having one vote.
The 22nd Amendment says “No person shall be elected to the office of the President more than twice.” Doesn’t say they can’t get there a third time by means other than election, like succeeding to the Presidency on death, impeachment, or resignation of a President.
The 12th Amendment, as already noted, concludes with “No person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.”
Again, it doesn’t say, no person constitutionally ineligible to be elected to the office of President can’t be Veep. Just that if they can’t hold the office of President, no way, nohow, they also can’t be veep. And there’s nothing in the Constitution that says Clinton can’t become President again - just that he can’t be elected President again.
I know this one’s been debated here before, but ISTM that the only way to contradict my summary is to assume either that the 22nd Amendment also prohibits a former two-term President from succeeding to the Presidency by means other than election (which is not what it says) or that the 12th Amendment has an implied “be elected to” before “the office of President,” which it doesn’t.
