5

If no Vice Presidential candidate gets a majority of votes in the Electoral College, a Contingent Election will be held in the Senate to elect a new VP.

Normally, if a vote in the Senate is tied, then the VP (as President of the Senate) casts a tie-breaking vote. However, if the incumbent VP is also a candidate in a contingent election, this can be seen as a conflict of interest.

Is there anything in the US Constitution, US Code, Rules of the Senate, or elsewhere, that would require the VP to recuse him/herself from such a vote? Or would (s)he be able to vote regardless?

Improve this question
0

1 Answer 1

Reset to default
8

You currently need 51 senators: a majority of the whole number of senators period. This has never been tested though, so we don't have a concrete precedence or procedure to say with 100% certainty. The text, to me, seems clear though:

12th amendment

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.

According to wikipedia

"The explicit constitutional language about election by a majority of the whole number of senators may preclude the sitting vice president from breaking any tie which might occur, although some academics and journalists have speculated to the contrary."

Improve this answer
4
  • That seems pretty clear that 50-50 is a loss and not a tie.
    – Joe W
    Commented Jul 21, 2020 at 21:48
  • @JoeW A loss for who? Someone has to win.
    – Daniel
    Commented Nov 6, 2020 at 15:08
  • 2
    @Daniel What I mean by that is if the vote is 50-50 there is no winner and they have to keep voting until it is 51-49.
    – Joe W
    Commented Nov 6, 2020 at 15:24
  • 1
    Or until the President takes office and nominates a new VP to fill the open position (subject to Senate confirmation, which could end up back in the same spot).
    – Bobson
    Commented Nov 6, 2020 at 15:59

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .