Bannon: In a contingent election 'we win 26 to 24'

FPI / August 31, 2022

Following new revelations that the FBI interfered in the 2020 election, former President Donald Trump said either the “rightful winner” should be declared or a new election should be held “immediately.”

Steve Bannon, a top adviser in the Trump White House, said a new election is not needed.

In his War Room broadcast on Tuesday, Bannon said Trump would win in a contingent election, where the House of Representatives chooses the president based on state delegations.

Bannon's comments came in his interview with former Trump attorney Rudy Giuliani.

Bannon: Democrats have to run… on climate change, abortion, and threats to democracy. You do understand that Democrats can’t win unless they steal elections? I understand that gets under their skin but that’s reality.

Giuliani: I don’t think anyone better than you or I understand that, Steve. We lived it, right?

Bannon: Big league… By the way, we’re still in a couple of foxholes. And we’re never giving up… Trump put up last night that hey, because of the Hunter situation, because of the FBI guy either getting fired or quitting, because of Facebook saying the FBI told them not to do it, that he won and he wants another election immediately. I keep saying the Biden electors can’t get certified… We don’t need another national election, it’s called a – contingent election. It gets flipped. You’re not going to flip the Biden electors to Trump electors. You’re going to be not able to certify the Biden electors. And by not certifying the Biden electors, the Electoral Count Act of 1887 and our beloved Constitution have a way that it’s supposed to happen. That is a contingent election in the House of Representatives where you vote by state delegation. And guess what? Even with Liz Cheney voting Wyoming for the Democrats I think we still win 26-24.

Via Wikipedia: Contingent elections have occurred three times in American history: in 1801, 1825, and 1837.

In 1800, Thomas Jefferson and Aaron Burr, the presidential and vice-presidential nominees on the ticket of the Democratic-Republican Party, received the same number of electoral votes. Under the pre-Twelfth Amendment Constitution, a contingent election was held the following year to decide which one would be president and which vice president.

In 1824, the Electoral College was split between four candidates, with Andrew Jackson losing the subsequent contingent election to John Quincy Adams even though he won a plurality of both the popular and electoral vote.

In 1836, faithless electors in Virginia refused to vote for Martin Van Buren's vice presidential nominee, Richard Mentor Johnson, denying him a majority of the electoral vote and forcing the Senate to elect him in a contingent election.

The past three contingent elections were conducted by the outgoing Congress because congressional terms then ended/began on March 4, the same day as presidential terms. In 1933, the 20th Amendment set the new congressional term to start on January 3, than the new January 20 presidential term end/start date. The amendment shortened the length of lame-duck sessions of Congress by two months, and any future contingent elections would be conducted by the incoming Congress.

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