Judson Phillips, founder of the Tea Party Nation, thought he'd found a constitutional way to overturn the popular vote and make Mitt Romney President. He just needed to get 17 states to sabotage the Electoral College:
Mitt Romney carried 24 states. We need to have conservative activists from all over the nation contact the electors, the Republican Party and the secretary of state in all of these states and tell them not to participate in the Electoral College when it meets on Dec. 17.
If we can get 17 of those states (just over one-third) to refuse to participate, the Electoral College will have no quorum. Then, as the Constitution directs, the election goes to the House of Representatives.
That is how we can still pull this election out and make Mitt Romney president in January [Judson Phillips, "How Obama Can be Stopped in the Electoral College," World Net Daily, 2012.11.20].
I was all ready to run through the South Dakota laws that our electors and officials would have to violate to heed Phillips's call. But Phillips was thwarted by the Constitution itself... and his faulty reading of the Twelfth Amendment. Wing Nut Daily posted this humiliating correction:
Since this column was posted it has been discovered that the premise presented about the Electoral College and the Constitution is in error. According to the 12th Amendment, a two-thirds quorum is required in the House of Representatives, not the Electoral College [editor's note, correction to Judson Phillips, "How Obama Can be Stopped in the Electoral College," World Net Daily, 2012.11.20].
The Twelfth Amendment reads in toto as follows:
The Electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate;
The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted;
The person having the greatest Number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President.
The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, 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. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.
Phillips hates Barack Obama so much that he would advocate subverting your vote to replace our President with a man whom he admits was a "terrible candidate" and would not be "a great President."
But the real kicker here is that Tea Partiers claim to be protecting the Constitution. Pshaw—they can't even read the Constitution.