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Congressman Brad Sherman

Representing the 30th District of CALIFORNIA

Kerry 269 – Bush 269:  Congress Decides Sherman to Introduce Constitutional Amendment to Reform Congress’ Role in Electoral College Tie


Nov 11, 2004
Press Release

Washington, D.C. - Today, Congressman Brad Sherman announced that he will introduce a constitutional amendment to reform the role Congress has in electing the President of the United States when no candidate receives a majority of electoral votes, or when the election is tied.

œShould the electors fail to elect a president, the House of Representatives votes by state delegation.  Thus, the 85 Members from California and Texas would be equal to the two Members from Wyoming and Vermont.  This scenario is unfair and undemocratic, Sherman said.

Sherman proposes that when the House of Representatives is called to elect the president, each Member of the House should have one vote.  Although the constitutional amendment would not be in effect should the 2004 Presidential election end in an electoral tie, Sherman says that it is easy to imagine a tie in this years election as well as future elections.   

œA split Electoral College would occur in a time of great national division, and potentially at a time of national crisis.  It is critical that whoever is selected president has the support of the American people.  A scenario in which the President could be selected by Members of Congress representing less than a third of this nations population “ where the 500,000 people who live in Wyoming have the same effect in the election as the 34 million living in California “ is unacceptable and dangerous, Sherman said.

Sherman said that he would introduce his amendment when Congress reconvenes in November.  In order to take effect, a constitutional amendment must receive a 2/3 vote in both the House and the Senate and then be ratified by the state legislatures of 3/4 of the states.