Imagine this: a presidential election ends in a virtually unheard-of tie. Welcome to the chaotic realm of the Electoral College where 269 votes apiece stuns the nation. Suddenly, the House of Representatives, not the voters, decides the fate of America, risking gridlock and a president-opposing vice president cocktail.

Elections 101: What Happens if The Electoral College is a Tie?

November 3, 2024
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Every four years, Americans head to the polls to cast their votes for president. But what happens if the Electoral College, the system that officially determines the winner, ends up in a tie?

This rare but possible scenario has a specific process outlined in the Constitution.

The Mechanics of a Tie

The Electoral College is made up of 538 electors. To win, a candidate must secure a majority—270 electoral votes. But if both candidates receive 269 votes, the result is a tie. This could happen if states with close races split their votes in a way that balances the total evenly.

The House of Representatives Steps In

In the case of an Electoral College tie, the decision moves to the House of Representatives, as mandated by the 12th Amendment. Here’s how it works:

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1. State Delegations Vote: Each state delegation in the House gets one vote, regardless of the number of representatives from that state. This means states with larger populations, like California, have the same vote as smaller states, like Wyoming.

2. Simple Majority Wins: To win, a candidate must secure a majority of the states—currently, at least 26 out of 50.

What About the Vice President?

While the House decides the presidency, the Senate selects the vice president. Each senator casts one vote, and a majority is required to win. This process could result in a president and vice president from different parties, depending on the Senate’s composition.

Historical Precedent

The most notable instance of this process was the election of 1800 between Thomas Jefferson and Aaron Burr, which resulted in a tie. After 36 ballots in the House, Jefferson was elected president. The election of 1824 also saw a similar situation, though not a tie, where John Quincy Adams was chosen by the House after no candidate secured a majority in the Electoral College.

Potential Complications

A tied Electoral College could lead to significant political maneuvering and uncertainty. If the House is divided, with neither candidate able to secure 26 state votes, the situation could drag on, leaving the country in limbo. Additionally, the party composition of state delegations becomes crucial, as it might not align with the popular vote outcome.


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