Bush Expected To Take Electoral Tally

Jan. 6, 2001 — -- A month ago, some thought it might be Al Gore’s last stand. Congress might be forced to choose between competing slates of Florida electors — one supporting Gore, and the other supporting his opponent, George W. Bush.

The choice would determine which man would assume the presidency.

But because Gore dropped his challenge, it appears he will instead preside over a process that will seal his defeat and affirm Bush’s election to the presidency.

In a joint congressional session starting at 1 p.m. today, Congress will tally the results of the Electoral College vote for president. With the only certified slate of Florida electors favoring Bush, the tally is expected to confirm the Bush victory by a vote of 271 to 266, with one abstention.

As president of the Senate, Gore probably will become the third vice president in history to preside over the congressional ceremony confirming his own defeat, following John C. Breckinridge in 1861 and Richard Nixon in 1961.

“I wouldn’t expect any surprises,” says Pam Karlan, a law professor at Stanford University in California. “In part, I wouldn’t expect any surprises because Al Gore has conceded.”

She adds that it is legally unlikely anyone can viably contest Bush’s victory in Florida. She interprets title 3 of the United States Code (see web link to federal election laws) as saying that if only one slate of electors has been submitted from a state, that slate cannot be rejected if it has been properly certified.

“There’s nobody who can claim they weren’t certified, “ she says.

Nevertheless, Rep. Alcee L. Hastings, D-Fla., says he and a handful of allies in the Congressional Black Caucus and House of Representatives plan to press a challenge to Bush’s 25 Florida electors, although he needs a senator to join his contest before any action can be debated.

“I don’t, at this point, feel that a senator is going to come forward,” Hastings said on Friday, “though I wish the Florida senators would, and other senators as well.”