Meet the good ‘ol 12th Amendment.  The guys at the Constitutional Convention came up with Article II Section 1 which addresses the Electoral College.  Then, in 1803, Congress passed an amendment to Article II, which led to the 12th Amendment.

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The 12th Amendment provides a way for 1787 to block both major parties from receiving 270 electoral votes, which is what a candidate must have to become president. If no presidential candidate gets to 270, the election moves to Congress where the House of Representatives chooses one of the top three electoral vote-getters to be president.

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Let’s say that, in 2024, the three top electoral vote getters are the Republican candidate, the Democratic candidate, and the 1787 candidate.  For this 12th Amendment strategy to work, 1787 has to win just one state with enough electoral votes to deny the Republicans and Democrats 270 — and we absolutely can.  We believe that at least 17 states will be in play in 2024, and we plan to win a heck of a lot more than just one of those.

 

In the House of Representatives, each state delegation gets one vote and 26 of the states must vote for the same candidate.  That’s your new president. 

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In the meantime, the vice president is chosen by the Senate.  But the Senate chooses only from the top two electoral vote getters, unlike the House who chooses from the top three.  This means that, in 2024, the vice president will be either the Republican or Democratic candidate.  Basically, whichever party has the majority in the Senate will vote for their party’s vice-presidential candidate.  That’s your new vice president.

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The political make-up of the House of Representatives obviously goes back and forth but based on history, there is a reasonable chance that neither the Republican nor the Democratic candidate will win the 26 states necessary to become president. The kicker is that, if neither party’s candidate wins 26 states, the vice president remains the acting president.

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So, let’s say the Democratic candidate wins the vice presidency.  At that point, members of the Republican party would have to decide if they would rather have the 1787 presidential candidate be president or keep the Democratic vice president as acting president.

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Given the way Republicans and Democrats feel about each other these days, I bet anything that the Republicans’ decision would be to vote for the 1787 candidate over the Democrat.  Don't ya think?