Okay, which electors can we lobby? In 38 states they are apparently bound to go with winner-take-all, so my question is, which are the remaining states?
There was a West Virginia elector who said he was toying with the idea of not voting for Bush. If it had gone 269-269 (with Kerry getting Nevada and Iowa), it would have been very interesting to follow up on that.
It's not that it's a tie, but that no one got a majority. In 1824, Andrew Jackson won both the popular and electoral vote, but since there were four candidates, the house had to decide, and they chose John Quincy Adams (another son of a one-term president). However, the difference back then is that John Quincy Adams was a patriot who believed in the rule of law, and Andrew Jackson did things like forced-march the entire Cherokee nation into Oklahoma, even though the Supreme Court specifically said he wasn't allowed to.
That wouldn't have mattered. I'm pretty sure the candidate has to win a majority (not just a plurality). So the interest case is a 270-268 split, and having one of the 270 electors decide not to vote. Then neither candidate gets a majority and it goes the house.
Right, in a 269-269 tie, it only would have made a difference if he actually switched his vote to Kerry (instead of to a third party candidate) which wasn't what he said he was going to do.
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