What happens if there is a tie in the Electoral College? (2020)

This article covers subjects specific to the 2020 general election. It has not been updated to reflect subsequent developments.
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Although it has never happened, it is theoretically possible that the 538 electoral votes could be evenly split between two candidates, resulting in a 269-269 tie. According to the 12th Amendment of the U.S. Constitution, the newly-elected House of Representatives would determine the winner. The House would also decide the election if no candidate receives a majority of electoral votes. This has happened once since the passage of the 12th Amendment, in 1824. In the case of either situation, the process would be as follows:

• States certify the results of each of their November 3, 2020, popular votes and appoint electors based on these results.
• Electors meet in their state on December 14, 2020, to cast their votes. Twenty-nine states and the District of Columbia have laws requiring electors to vote based on the statewide popular vote. However, there is no Constitutional or federal law requiring electors to do so.
• The newly-elected 117th Congress meets in joint session on January 6, 2021, to count the electoral votes. In the case of a tie, the House becomes responsible for electing the President, while the Senate is responsible for the Vice-President.
• Choosing from the three candidates who received the most electoral votes for President, each state delegation in the House casts one vote. A majority of votes (26) are needed to win. The District of Columbia does not cast a vote.
• Choosing between the two candidates who received the most electoral votes for Vice-President, each Senator casts a vote, with a majority (51) needed to win. Due to these separate votes, it is possible that a President and Vice President from different parties could be elected.
• If necessary, the House will continue to vote until one candidate receives a majority. This process has a Constitutional deadline of March 4. If the House does not select a new President by March 4, the Vice President-elect serves as acting President.

What does this mean for 2020?

While the Democrats hold a 232-198-1 majority in the House before the election, the fact that each state delegation only casts one vote gives Republicans an advantage. If the current partisanship breakdown carries over into the next Congress, Republicans would have a 26-23 majority of state delegations, with Pennsylvania split 9-9. If Pennsylvania's delegation cannot agree on a presidential choice, the delegation will not be allowed to vote.

Next question: Can members of Congress object to Electoral College results?

The 2020 election took place against a backdrop of uncertainty. Our readers had questions about what to expect in elections at all levels of government, from the casting of ballots to the certification of final results. Ballotpedia's 2020 Election Help Desk was designed to answer those questions.

More frequently asked questions about the 2020 election

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• General election information
  • Who runs elections in the United States?
  • Why do states have different election rules?
  • What methods do states use to prevent election fraud?
  • Do you have to vote for everything on your ballot?
  • What happens if you mark outside the lines or use the wrong pen/pencil?
  • What is a spoiled ballot?
  • What is a write-in candidate?
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• Presidential election
  • What happens if a presidential candidate declares victory in the 2020 election before results are final?
  • Can presidential candidates win the election if they have already conceded?
  • What are the steps and deadlines for electing the President of the United States?
  • What happens if there is a tie in the Electoral College?
  • What are faithless electors in the Electoral College?
  • What happens if a presidential nominee becomes incapacitated before the election?
  • Can members of Congress object to Electoral College results?

• Processing and counting absentee/mail-in ballots
  • What is the life cycle of an absentee/mail-in ballot?
  • What happens if I vote by mail and want to change my ballot at a later date?
  • What happens if someone votes by mail and then tries to vote in person?
  • How do states protect and verify absentee/mail-in ballots?
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  • Do states report how many mail-in/absentee ballots are outstanding on election night?
  • Do absentee/mail-in ballots take longer to count than in-person ballots?
  • What happens if someone votes by mail-in ballot or absentee ballot and subsequently passes away before Election Day?

• Disputing election results
  • How will election recounts work?
  • How close does an election have to be to trigger an automatic recount?
  • Can a candidate or voter request a recount?
  • Who pays for recounts and contested elections?
  • What are poll watchers?
  • What does it mean to challenge a voter's eligibility, and who can do it?
  • What is a redo election?
  • Who can file election-related lawsuits?
  • What are the reasons to call a redo election?
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  • Can a redo be held for a presidential election?

• Election result reporting and certification
  • What happens if candidates declare victory in the 2020 election before results are final?
  • Can candidates win an election if they have already conceded?
  • How and when are election results finalized?
  • How do major media outlets declare winners?

• Transitions of power and taking office
  • Who is the president if election results are unknown by January 20, 2021?
  • Who serves in Congress if election results are unknown by January 2021?
  • Who serves in a state or local government if election results are unknown?
  • What happens if the winning presidential candidate becomes incapacitated before taking office?

• Articles about potential scenarios in the 2020 election
• U.S. Supreme Court actions affecting the November 3, 2020, general election

See also

• Presidential election, 2020
• Electoral College
• United States House of Representatives
• United States Senate

Related articles

• New York Times, "How Does the Electoral College Work and Why Does It Matter?", October 4, 2020
• U.S. News & World Report, "In the Race for the White House, What Happens in an Electoral College Tie?", September 18, 2020