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Can an incumbent Vice President vote in a contingent election in which (s)he is a candidate?

Politics Asked on November 13, 2021

If no Vice Presidential candidate gets a majority of votes in the Electoral College, a Contingent Election will be held in the Senate to elect a new VP.

Normally, if a vote in the Senate is tied, then the VP (as President of the Senate) casts a tie-breaking vote. However, if the incumbent VP is also a candidate in a contingent election, this can be seen as a conflict of interest.

Is there anything in the US Constitution, US Code, Rules of the Senate, or elsewhere, that would require the VP to recuse him/herself from such a vote? Or would (s)he be able to vote regardless?

One Answer

You currently need 51 senators: a majority of the whole number of senators period. This has never been tested though, so we don't have a concrete precedence or procedure to say with 100% certainty. The text, to me, seems clear though:

12th amendment

the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice.

According to wikipedia

"The explicit constitutional language about election by a majority of the whole number of senators may preclude the sitting vice president from breaking any tie which might occur, although some academics and journalists have speculated to the contrary."

Answered by dandavis on November 13, 2021

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