It began with Judson Phillips of TPN, who explained on World Net Daily last week that there is still hope for Romney, if 17 of the 24 states that voted for him decline to participate in the Electoral College on December 17.
According to the 12th Amendment, for the Electoral College to be able to select the president, it must have a quorum of two-thirds of the states voting. If enough states refuse to participate, the Electoral College will not have a quorum. If the Electoral College does not have a quorum or otherwise cannot vote or decide, then the responsibility for selecting the president and vice president devolves to the Congress.
The House of Representatives selects the president and the Senate selects the vice president.
Since the Republicans hold a majority in the House, presumably they would vote for Mitt Romney, and the Democrats in the Senate would vote for Joe Biden for vice president.
This is, of course, incorrect, as Constitutional scholar David Adler, director of the Andrus Center for Public Policy at Boise State University, explained to the Idaho Statesman: “The two-thirds reference in the 12th Amendment is a reference not to the Electoral College but rather to the establishment of a quorum in the House of Representatives.”