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Barely few hours to the 2024 US presidential election, tensions are high as polls predict a close contest between Vice President Kamala Harris and former President Donald Trump. What if, despite millions of votes, neither candidate wins in the Electoral College?
Here’s what would happen if the race ended in an extraordinary 269-269 tie.
To win the president, a candidate must receive a majority of the 538 electoral votes, precisely at least 270. However, in a closely contested election, there is a slight chance that each candidate may receive exactly 269 votes, resulting in a tie. Although unusual, this outcome would move decision-making authority away from people and towards Congress.
If the Electoral College is deadlocked, the election moves to Congress under the provisions of the 12th Amendment:
The President is chosen by the House of Representatives. The majority of the state delegation chooses whom to endorse because each state delegation has one vote. Rather than specific members, this vote represents the party composition of each state’s delegation.
Each senator casts one vote in the Senate’s selection of the vice president.
Because of this system’s emphasis on state authority, smaller states can choose the president just as much as larger ones.
Election Day – November 5, 2024: Voters cast their ballots, determining each state’s electoral votes.
December 17, 2024: Electors meet in their respective states to officially cast their electoral votes.
January 6, 2025: Congress holds a joint session to count the electoral votes. If a tie is confirmed, a contingent election begins.
January 20, 2025: The newly elected President and Vice President are inaugurated.
Even though voters are supposed to cast ballots based on the results of their state’s popular vote, “faithless electors” occasionally betray their promises. Since even one disloyal voter could potentially sway the outcome of a close race, their influence is especially significant if the results are close.
The outcome of a dependent election may be directly impacted by the outcomes of the congressional elections in 2024. Each state delegation in the House votes as a single bloc, so a state’s Republican or Democratic slant may influence the outcome of the election. The makeup of the Senate may also influence the choice of the vice president.
Indeed, but just twice—once in the early 1800s. Thomas Jefferson and Aaron Burr were tied in 1800, thus Jefferson was chosen by the House. In 1824, Andrew Jackson won the most electoral and popular votes, but the House went with John Quincy Adams.
To sum it up, a 269-269 Electoral College tie would put the president in the hands of Congress and spark an unparalleled level of political theatre. Even if this result seems unlikely, the close race means that every electoral vote and congressional seat will be eagerly watched by Americans since even the slightest changes could decide who will be the next president.
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