Evening star., 1932-12-01
LAME DUCK LAW
CAUSES CONFUSION.
Committee Report, However,
Discusses Many Aspects
of Election Process.
BY DAVID LAWRENCE.

Much confusion seems to have arisen
rs a result Of the pending lame duck
amendment as to what the situation
would be if any President-elect or Vice
President-elect were to die before IN
auguration day.
The problem Is somewhat different
under the present Constitution than II
will be when the lame duck amend
ment is ratified by ttree-fourths of the
States, which is expected to be in time
for the 1886 election
Meanwhile the provisions OF the
present Constitution would apply. and
the various contingencies are discussed
u special report of committee OF
the House of Representatives at the
first session of the present Congress.
It says in part: "A constitutional
amendment is not necessary to provide
for the case Of the death of party
nominee before the November election.
Presidential electors, and not the PreSl-
dent, are chosen at the November elec-
ton. The electors, under the present
Constitution, would be free to choose
q President notwithstanding the death
Of a party nominee
Still Political Situation.
II a party nominee dies after the
-ovcmber election. but before the
&ctcrs meet in January, it still is un-
Aece-sary to provide for the vacancy
SSnce the question in such case
would be political one, according TO
%..e House committee report. for II the
81 oical party IN scme manner old not
designate person, the electors repre-
senting that political party would prop
ably SO scatter their vote tnat tne eiec.
tion would be thrown into the House.
r,rccnnt GNnCf1-
tuition nor under the proposed lame
duck" amendment is there any pro-
vision made for what shall he the pro-
cedure in case of vacancy before the
electors meet 1t is taken for granted
that the electors may vote for whom
ever they please, but that they would
probably be guided by the advice of the
National Committee of the triumphant
party in selecting either President or
a Vice President.
Once the electors have met. however,
and have chosen a President and a
Vice President, the~e is no provision to
reconvene the elect Jral college II either
of the two persons elected to the office
of President or Vice President should
die. It is believed, according to many
constitutional writers, that the courts
would decide that the Vice President
elect would then become President,
since he would have been officially
chosen by the electors to be Vice Presi-
dent.
Would Advance Vice President.
To remove all uncertainty, the lame
duck" amendment contains the follow
ing provision:
IF President-elect dies, then the
Vice President-elect shall become Presi-
dent"
The committee comments at this
point as follows:
ut will be noted that the committee
uses the term 'President-elect' in its
generally accepted sense as meaning
that the person who has received the
ma jority of the electoral votes or the
person who has received the majority
of the votes of the House of Represent
atives in the event that the election is
thrown into the House"
Another contingency which the lame
duck" amendment covers is the possible
death of any of the three persons from
whom the House of Representatives
must choose a President whenever no
candidate has received majority of
the votes Of the electors, or in the case
Of any Of the two persons from whom
the Senate must choose Vice Presi-
dent whenever the right of choice de-
wolves upon it.
The new amendment gives Congress
the right to provide by law for the
substitution Of names when an elec-
tton has been thrown into the House
and no majority of electors has been
obtained by any candidate.
Old Congress without Voice.
Another important change which
the lame duck" amendment makes in
the selection Of President and Vice
President, in the event that no ma
joyity has been secured in the electoral
ceMcge, is that the retiring Congress
no longer has voice in the matter.
The new Congress convenes on January
3 and has until January 20 to select
President.
The late Speaker Longworth OBJ
jected that II days was not a long
enough interval in which to choose a
President, especially after an election
has been thrown into the House by
failure Of any candidate to get ma
jority. This has been overcome some
what by the provision in the new
amendment which states that Congress
may provide by law for an acting Pres
4dent who shall serve until President
or Vice President has qualified.
tCopyTight. 1927
Business sentiment in Argentina has
crown optimistic since the finance min