How to Pick a President: Contingent, Contested, & Complex Election Scenarios w/Dr. John Fortier

In this conversation, Will Wright interviews John Fortier, a senior fellow at the American Enterprise Institute, about the mechanics of elections and the potential scenarios that could arise in the 2024 US presidential election. They discuss the process of electing a president, including the role of the Electoral College and the possibility of a contingent election in the House of Representatives. They also touch on the timing dynamics and potential outcomes in the Senate's vote for the vice president. Overall, the conversation provides insights into the complexities of the election process and the potential scenarios that could unfold. The conversation explores the process of electing electors and the potential scenarios that could disrupt the Electoral College. It delves into historical examples, such as the 1876 election, where two sets of electors were sent to Washington, causing a contentious and controversial issue. The conversation also discusses the role of the court in settling election disputes and the potential permutations that could occur, such as the death of a candidate. It touches on the Commission on Presidential Debates and the recent decision by the candidates to bypass the commission for the debates.

Takeaways

The process of electing a president involves voting for presidential electors who then cast their ballots for president and vice president in December.

If no candidate receives a majority of electoral votes (270 out of 538), a contingent election is held in the House of Representatives, where each state delegation has one vote.

The Senate votes for the vice president, with each senator having one vote.

The timing of the election and the resolution of the presidency and vice presidency can vary, but it is expected to be resolved by January 20th, the inauguration day.

The 20th Amendment changed the dates for the start of the presidency and Congress, ensuring that the new Congress is in place before the counting of electoral votes on January 6th. The process of electing electors and the potential scenarios that could disrupt the Electoral College

Historical examples of election disputes, such as the 1876 election

The role of the court in settling election disputes

Permutations that could occur, such as the death of a candidate

The significance of the Commission on Presidential Debates and the recent decision to bypass the commission

Guest Bio:

John C. Fortier is a senior fellow at the American Enterprise Institute, where he focuses on Congress and elections, election administration, election demographics, voting (and absentee voting), the US presidency, and the Electoral College. He is also continuing his work on the continuity of government.

Before rejoining AEI, Dr. Fortier was director of governmental studies at the Bipartisan Policy Center, and the principal contributor to the AEI-Brookings Election Reform Project. He also has taught at Kenyon College, the University of Pennsylvania, the University of Delaware, Boston College, and Harvard University.