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What happens if there is a tie in the Electoral College? (2024)
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.[1] In the case of either situation, the process would be as follows:
- States certify the results of each of their November 5, 2024, popular votes and appoint electors based on these results.
- Electors meet in their state on December 17, 2024, 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.[2]
- The newly-elected 119th Congress meets in joint session on January 6, 2025, 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.[3]
- 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.[4] 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.[5]
What does this mean for 2024?
As of September 2024, Republicans hold a 220-211 majority (with four vacancies) in the House, and the fact that each state delegation only casts one vote gives Republicans an advantage. If the current partisan breakdown carries over into the next Congress, Republicans would have a 26-22 majority of state delegations, with Minnesota and North Carolina having split delegations. If the delegations from Minnesota and North Carolina cannot agree on a presidential choice, the delegations would not be allowed to vote.
In the Senate, Democrats hold a 51-49 majority as of September 2024. If the current partisan breakdown carries over into the next Congress, Democrats would have the required number of votes to select the vice president. [6]
See also
- What is the Electoral College?
- What are faithless electors in the Electoral College?
- Can members of Congress object to Electoral College results?
- What does the Electoral Count Reform Act mean for the 2024 presidential election?
- What is the National Popular Vote Interstate Compact?
Footnotes
- ↑ U.S. House Office of the Historian, "The House of Representatives Elected John Quincy Adams as President," accessed September 24, 2020
- ↑ U.S. National Archives and Records Administration, "About the electors," accessed August 24, 2024
- ↑ United States Senate, "The Senate Elects a Vice President," accessed August 24, 2024
- ↑ U.S. National Archives and Records Administration, "Electoral College Timeline of Events," accessed August 24, 2024
- ↑ Ronald Reagan Presidential Library & Museum, "Constitutional Amendments – Amendment 12 – “Electing the President and Vice President," accessed August 24, 2024
- ↑ The Center for Politics, "Trump’s Contingent-cy Plan," August 24, 2024
