If the electoral vote ends in a tie between Kamala Harris and Donald Trump, or if no candidate secures the 270 electoral votes needed to win, the process for electing the president would shift to the U.S. Congress through a procedure known as a “contingent election.”
In a contingent election, the House of Representatives elects the president. Each state delegation in the House has one vote, regardless of the state’s size. To win, a candidate needs the support of at least 26 of the 50 state delegations.
The Senate, on the other hand, elects the vice president. Each senator casts their vote, and the candidate who secures a majority of the Senate’s votes becomes vice president.
This is the process that would be followed in the event of a tie:
Role of the House of Representatives
- The newly elected House of Representatives would be responsible for electing the president.
- Each state delegation in the House would have a single vote, regardless of the state’s size.
- Representatives could only choose among the three candidates who received the most electoral votes.
Voting Process
- A simple majority of 26 state votes would be required to elect the president.
- Each state delegation would internally determine how to cast its single vote.
- If no candidate secures 26 votes, multiple rounds of voting would be held until a majority is reached.
Role of the Senate
- Meanwhile, the Senate would elect the vice president from the top two vice-presidential candidates.
- Senators would vote individually, not by state.
Key Considerations
- This process would take place on January 6, after the new Congress is sworn in on January 3.
- If the House fails to elect a president by January 20, the vice president elected by the Senate would become acting president.
Historical Precedents
- This scenario has only occurred twice in U.S. history:
- In 1800, when Thomas Jefferson was elected after 36 rounds of voting.
- In 1824, when John Quincy Adams was elected despite Andrew Jackson winning the popular vote.
It is important to note that this process could spark intense political controversy, as lawmakers might be torn between supporting their preferred candidate or the one favored by the voters in their state.
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