WASHINGTON (TND) — A simple majority of 270 or more electoral votes is required to elect the President of the United States. With the upcoming election expected to be a close one, the possibility of neither candidate reaching this majority is low, but it has raised questions about the process that follows a tie.
If neither candidate secures the necessary 270 electoral votes, the 12th Amendment of the Constitution comes into play, moving the decision to Congress. According to the National Archives, in such a scenario, the House of Representatives elects the President from the top three candidates who received the most electoral votes. Each state delegation in the House casts one vote, meaning if the majority of a state's House members are Republican, Donald Trump would likely receive that vote. A candidate must secure at least 26 state votes—a majority of the states—to win the presidency. Meanwhile, the Senate elects the Vice President from the top two vice-presidential candidates.
Currently, Republicans control 27 House delegations, while Democrats control 21, with the other two states, Alaska and Nebraska, having unique political systems. If the House cannot resolve the tie by Inauguration Day, the Vice President-elect serves as Acting President until the House can break the deadlock.
While the odds of an electoral tie are low, history shows it is not impossible. This has happened twice before, the last instance occurring 200 years ago in 1824. In that election, Andrew Jackson won a plurality of the popular and electoral votes but did not achieve a majority. Jackson received 99 electoral votes while John Quincy Adams received 84. This activated the 12th amendment and the House voted to elect Adams, who had come second in both the popular and electoral vote.
Looking ahead to this year’s election, the main swing states likely to decide the outcome are Arizona, Georgia, Nevada, North Carolina, Michigan, Pennsylvania, and Wisconsin. If Trump wins Arizona, Georgia, Nevada, and North Carolina, while Biden wins Michigan, Pennsylvania, and Wisconsin, both candidates could fall short of the 270-vote threshold. Additionally, Maine and Nebraska, which distribute their electoral votes by congressional district rather than the traditional winner-takes-all method, have battleground districts that could further complicate the outcome. If Trump wins both of these critical districts along with the four swing states, it could result in a 269-269 tie.
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