Could House President Nancy Pelosi, D-Calif., Become president if there is no January result?
Judge Andrew Napolitano, senior legal analyst at Fox News, told “Varney & Co.” on Thursday whether Pelosi would automatically assume the role of acting president if the 2020 election is delayed.
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“It might be wrong,” Napolitano told host Stuart Varney. “President Trump’s term ends at noon on January 20, 2021. If the Electoral College has not yet appointed a successor, presumably Donald Trump as Joe Biden, then whoever is the speaker of the House would be the acting president of the House. United States. “
He explained, “If the Democrats keep their majority in the House, and it seems likely that they will, but if they do, and if they elect Mrs Pelosi, they know at that point that they are the President of the United States. States choose, then it would be them. “
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Democrats could choose another or Republicans could have the majority if they turned down the House in November, the judge said.
“Simply stated,” he added, “whoever is the sitting speaker of the United States would become president on the afternoon of January 20, 2021, if the Electoral College failed to elect one.”
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Napolitano further explained that if the Electoral College could not elect a successor, the election would go to the House of Representatives, not for a majority vote, but a vote by state, in which each state representation would vote on its own, regardless of its state election results. and whoever has a majority of 26 states would become president until January 20, 2025.
“That happened,” Napolitano added. “That’s how Thomas Jefferson was first elected in 1800.”