if the presidential vote in the electoral college results in a tie,

Posted on October 8th, 2020


2020 Presidential Election Interactive Map.

*This was a historically high number, most elections have none. The first candidate to win the votes of any 26 states is the new president. Robert Longley is a U.S. government and history expert with over 30 years of experience in municipal government and urban planning.

If no candidate has reached 270 Electoral Votes, then the House and Senate take over and elect the President and Vice-President, respectively. In other words, the House keeps voting until the tie is broken. © 2020 Electoral Ventures LLC. This assumes that the Senate has selected a new vice president. But if the 538 electors in the Electoral College split their vote at 269 to 269 and cannot agree on a candidate, then the House and Senate must step in to hold a contingent election. It is up to the delegation of representatives from each state to decide how their state will cast its one and only vote. Only about half the states have laws requiring their Electors to vote for the popular vote winner. The Electors meet on December 14, 2020 (the first Monday after the second Wednesday in December) to cast their votes. We saw that in the 2016 election, when seven* Electors were 'faithless'. The tie-breaking vote made Jefferson president, with Burr declared vice president, as the Constitution required at the time.

In the event a state’s popular vote was to result in an exact tie, a recount is required. Smaller states like Wyoming, Montana, and Vermont, with only one representative, wield as much power as California or New York. In the first four U.S. presidential elections, each Elector cast two ballots for president. When you cast a vote for a specific presidential candidate in the general election, you are actually voting for that candidate’s electors. In these instances, the presidential election is decided in the U.S. House of Representatives in a “contingent election,” with each state delegation having one vote. What about after the 2020 House elections? Game it out:   Electoral College Tie Finder    2020 Interactive Map. The Senate vote made Richard Mentor Johnson vice president over Francis Granger. Two previous presidential elections were decided by the House of Representatives. Although Andrew Jackson had won the popular vote in that election, the House picked John Quincy Adams as president. At the time, electors could vote for two different candidates for president; whoever lost that vote would become vice president.
That in mind, let's look at who has the majority in each state. Video: What Happens In an Electoral College Tie? In 1800, Thomas Jefferson and Aaron Burr each garnered 73 electoral votes, with Jefferson ultimately prevailing. Unlike the Electoral College system, where a larger population equals more votes, each of the 50 states in the House gets exactly one vote when selecting the president. However, imagine a scenario where a single Elector in a single state switched their vote to the other candidate in the tie --- the vote would be 270 to 268. More importantly, it described what to do in the event of an electoral tie. What If All States Split Their Electoral Votes.

Senators would elect the Vice-President, with each Senator having a vote. It is that new Congress that would take on this responsibility. How Many Electoral Votes Does a Candidate Need to Win? You can explore various combinations of states that lead to ties using any of our interactive electoral vote maps. With Democratic gains in that election, the Republican edge narrowed to 26-22. You can opt-out at any time. All Rights Reserved. It didn’t happen, but during the 2012 presidential election there were at least seven possible paths to an electoral college tie, according to CNN. In response, Congress ratified the 12th Amendment in 1804. If the Senate has failed to break a 50-50 tie for vice president, the Presidential Succession Act of 1947 specifies that the Speaker of the House will serve as acting president until tie votes in both the House and Senate have been broken. To win the presidency, a candidate must win 270 electoral votes, or a majority of the 538 electors at stake in the election. It wasn’t actually a tie but a four-way split in the electoral vote. For the other states, it’s possible that an elector could cast a vote for the other candidate. section 5, state law governs and would be conclusive in determining the state’s Electoral College vote. This led to serious controversies in the elections of 1796 and 1800. A Brief History of Electoral College Reform Efforts, How the 2020 Election Could End In an Electoral Tie, Here’s the Projected Electoral Map After the 2020 Census, The Electoral College Is Not About The Little Guy, Faithless Electors are a Ticking Time Bomb Waiting to Explode. 12th Amendment: Fixing the Electoral College, Why Puerto Rico Matters in the US Presidential Election, Learn How Many Total Electoral Votes There Are, Purposes and Effects of the Electoral College, Presidential Election of 1800 Ended in a Tie, The Electoral Vote Count of the 1876 Presidential Election, Election Results for the U.S. President, the U.S. Senate and the U.S. House of Representatives. In 2019, Michigan Republican Justin Amash became an independent, breaking that state's tie. What Is the National Popular Vote Interstate Compact? In the controversial 1800 presidential election, an Electoral College tie vote occurred between Thomas Jefferson and his running mate, Aaron Burr. This has happened only five times in U.S. history: in 1824 when John Quincy Adams defeated Andrew Jackson, in 1876 when Rutherford B. Hayes defeated Samuel Tilden, in 1888 when Grover Cleveland defeated Benjamin Harrison, in 2000 when George W. Bush defeated Al Gore, and in 2016 when Donald J. Trump defeated Hillary Clinton. What Happens if There Is a Tie in the Electoral College?

If the deadlock is still in place when the new term starts (noon, ET on Jan. 20), the vice president becomes acting president until such time as the House elects a president.1 1See Section 3 of the 20th Amendment. However, much of the same would come into play if a third party or independent candidate wins enough electoral votes to prevent any candidate in the race from reaching 270. As directed by the 12th Amendment, the 435 members of the House of Representatives must make their first official duty the selection of the next president. But a presidential election could end up in an Electoral College tie, 269 to 269. To win the presidency, a candidate must win 270 electoral votes, or a majority of the 538 electors at stake in the election. There has never been a tie in a U.S. presidential election, but the Constitution outlines a process for resolving such a scenario. United States House of Representatives.

Only the top three candidates in terms of electoral vote are considered.

Each of the 100 senators gets one vote, with a simple majority of 51 senators required to select the vice president. Or it’s also possible that a third party candidate could win enough electoral votes to prevent any candidate from winning a majority. The Congress meets in joint session on January 6, 2021^ to count the electoral votes (this count happens whether the election is close or not). However, much of the same would come into play if a third party or independent candidate wins enough electoral votes to prevent any candidate in the race from reaching 270. In a 269-269 tie, as long as that rogue vote wasn’t for the other major candidate in the race, this wouldn’t be an issue. That’s because only about half of the states have laws requiring electors to vote for the popular vote winner in their states. More than likely, the tie election would remain undecided after the Electors voted. Here's what would happen and who would need to become involved if there were a tie in the Electoral College.

The tie-breaking vote made Jefferson president, with Burr declared vice president, as the Constitution required at the time. It is possible that an Elector could cast his or her vote for another person. Note that the newly elected 117th Congress will be sworn in on January 3rd, 2021. The second time was in 1824. For more details, see our Privacy Policy. A majority of Senators (51) is needed to win. Is It Realistic to Abolish the Electoral College? We have a new feature for that, called 'State View', that is associated with the House Interactive Map. Federal Election Commission, June 2001. Vice President of the United States: Duties and Details.

Then came the hotly contested presidential election … Federal Elections 2000.

The 1800 United States presidential election was the fourth presidential election.

The House elected John Quincy Adams president despite the fact that Andrew Jackson had won the popular vote and the most electoral votes. The 12th Amendment gives the House until the fourth day of March to select a president. While very unlikely, this kind of vote has happened before (most recently in 1968, although the electoral vote that year wasn’t close). A related split in the electoral vote occurred in 1876, when South Carolina, Florida, and Louisiana submitted certificates of elections for both presidential candidates. In the controversial 1800 presidential election, an Electoral College tie vote occurred between Thomas Jefferson and his running mate, Aaron Burr.

Note that the discussion on this page is mostly written around a 269-269 tie between two candidates. For the next 112 years, election results were back to normal with the winner of the Electoral College also taking the popular vote. That was later changed to the Vice President-Elect and to January 20 in the 20th Amendment.

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