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If the election does get thrown to the House, yes, each state gets one vote, and a majority of states would choose Trump. However, that vote requires "a quorum for this purpose shall consist of a member or members from two-thirds of the states". So the Dems could block that vote.
The Senate would meet to select the VP, which also requires a 2/3 quorum. The Dems could try to deny a quorum. But McConnell would sign arrest warrants to compel Dems attendance, Pence would be voted VP again. With the House blocked, Pence would then be acting President.
Things get interesting if the Senate is tied in January. Pence could theoretically break the tie that effectivly elevates him to POTUS. No wonder he wanted to get out of town this week.
*Acting POTUS, but whatever. We're screwed... Maybe.
Biden would bring this to the Supreme Court, but who knows what they'll do. They'd have to balance "will of the people" vs "originalist" arguments that the founders wanted this exact f'd up result.
Biden would bring this to the Supreme Court, but who knows what they'll do. They'd have to balance "will of the people" vs "originalist" arguments that the founders wanted this exact f'd up result.
