The 12th and 20th Amendments to the Constitution cite the procedure of choosing a president if the electoral college is unable to reach a majority. Meantime, the process of determining how the electoral college is to vote needs to be exhausted. This is why it is important to conduct recounts and come to a conclusion about eliminating illegally cast ballots. Another law, cited by Judicial Watch, 3 U.S. Code § 1, states: “The electors of President and Vice President shall be appointed, in each State, on the Tuesday next after the first Monday in November, in every fourth year succeeding every election of a President and Vice President.” This appears to establish the deadline of election day for votes to be counted.
Concerning this, the 12th Amendment reads: “and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President.
“The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.”
The 20th Amendment Section 3 adds that: “Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.” A layman’s reading of this seems to say that all votes must be counted by election day and there is a clear path for choosing a president if the electors are unable to determine a winner. This would disqualify ballots appearing after the polls close and if the electoral college is deadlocked, it sets forth how Congress determines a president and vice president. Let the process play out. Meantime, 1 Corinthians 16:13 says, “Watch, stand fast in the faith, be brave, be strong.” I will take this advice.