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The answer to that varies by the state in which the voter resides. Seven states—Arkansas, Hawaii, Louisiana, Mississippi, Nevada, Oklahoma, South Dakota—do not allow write-ins at all. So would-be writers in who live in those places are out of luck. On the other side of the spectrum are eight states—Alabama, Delaware, Iowa, New Hampshire, New Jersey, Oregon, Vermont, and Wyoming—that will allow voters to write-in any name their heart desires. In those locales, Mickey Mouse, Ringo Starr, Darth Vader, Pat Paulsen, and Vermin Supreme (with his platform of zombie apocalypse awareness, time travel research, and a free pony for every American) are all fair game. In the remaining 35 states, the only acceptable write-in candidates are those who have officially registered with the state by some stated cutoff date, either by filing paperwork, paying a fee, collecting signatures, or some combination of the above.
Now, what about the incredibly remote possibility that a write-in candidate actually wins a state (or, in the case of Nebraska or Maine, a congressional district) and is entitled to presidential electors? Well, given the low likelihood of this possibility, it was never contemplated by the Founding Fathers, and it's never actually happened. Consequently, the Constitution is largely silent on the matter, as is existing case law. Many of the states that require write-in candidates to declare themselves (like, say, Texas) also require them to submit lists of electors. So, there would be no problem in those places, nor in the seven states where write-ins aren't allowed. But there are a couple of dozen states where, for one reason or a another, a write-in candidate is unattached to a slate of electors. It is in those states that we'd be left in a legal gray area if a write-in were to win.
It is in those states that we'd be left in a legal gray area if a write-in were to win.
What happens if no presidential candidate gets 270 Electoral votes?
If no candidate receives a majority of Electoral votes, the House of Representatives elects the President from the 3 Presidential candidates who received the most Electoral votes. Each state delegation has one vote. The Senate would elect the Vice President from the 2 Vice Presidential candidates with the most Electoral votes. Each Senator would cast one vote for Vice President. If the House of Representatives fails to elect a President by Inauguration Day, the Vice-President Elect serves as acting President until the deadlock is resolved in the House.
originally posted by: NightSkyeB4Dawn
a reply to: watchitburn
Yeah, maybe a 3rd party can get the 10 or 15% needed for FEC support. But there's no chance for a win this time, maybe next time.
I agree but we can send a loud message if we can show any semblance of unity.
The 12th Amendment would be activated and the House of Representatives gets to choose the President.
originally posted by: kosmicjack
a reply to: EchoesInTime
I'm definitely writing in. I was wondering what happens if no candidate gets a preponderance. Also, how o write-ins impact the Electoral College? Nothing would be cooler than for these to asshats to be denied the Presidency.
The person having the greatest Number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; 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. – U.S. Constitution, Amendment XII