US Election Tie: Could Congress Decide the Winner?

US Election: What Happens if Trump and Harris Tie?

With just a day left before Americans vote for president, a tie scenario remains a possibility. Here’s what would happen if Kamala Harris and Donald Trump fail to secure a majority.
While rare, a tie is mathematically possible, as the election battle intensifies with less than a day to go before voters choose the electors who will cast their votes on December 17th.

The US electoral system uses an indirect voting method. Citizens vote for 538 electors, who then vote for one of the two presidential candidates. To win the White House, a candidate needs a majority of electors, at least 270. However, it’s possible for Harris and Trump to both receive 269 electors.

Who Decides in a Tie?

The Constitution states that in such a scenario, Congress (composed of the House of Representatives, also renewed during the November 5th election, and the Senate) will choose the president and vice president. This is known as a “contingent election” in the US.

The House of Representatives would be divided into 50 delegations corresponding to the 50 states. Each delegation would have one vote to choose the president. This means a state like California (with 40 million inhabitants and 52 representatives) would have only one vote, the same as Wyoming (with 600,000 inhabitants and one representative). The Senate, meanwhile, would select the vice president, requiring a majority of 51 out of 100 senators.

Could Trump Be Favored?

This tie-breaker procedure might favor Donald Trump’s side. Even if Democrats take control of the House of Representatives, they might not have the majority of the 50 delegations needed to vote. Currently, Republicans hold a majority in 26 delegations, compared to 22 for Democrats, with two states tied.

If a tie persists at this stage of the election, there will be multiple rounds of voting. If state delegations fail to elect a president before January 20th (the inauguration date), the vice president elected by the Senate will act as president pro tempore.

Origins of This Rule

The chaotic 1800 presidential election led to the creation of the 12th Amendment. At the time, the candidate with the most votes became president, and the second-place finisher became vice president. Thomas Jefferson and Aaron Burr tied in the electoral vote and had to wait through 36 rounds of House voting to be decided. Ultimately, Jefferson became the third President of the United States.