my guess is that the House would use the number of popular votes each one got as the tie-breaker, after the tied electoral votes. But that’s just a guess.
If there is a lawsuit past Friday Jan 20th, 2017… what happens? If nobody is declared “winner” does the current POTUS just hang out?
In that case the incoming VP is acting President. If no POTUS or VPOTUS is decided upon presumably the acting POTUS wold be the next in line of succession, the Speaker of the House.
If the election is looking like it will be 269-269 or even a slight Trump win, what are the chances that one or two Republican electors or even a state (Utah I’m looking at you) would pick someone other than Johnson or Stein (Ryan for example) so that they can be the third person for the House to consider.