We’ve all read the news stories over the past few weeks about what happens if the U.S. Electoral College is tied in the upcoming election: the House picks the President (one vote per state, not one vote per district) and the Senate picks the Vice-President. But what happens if these votes in the House or Senate are tied? The House is almost certain to swing Republican, especially given that it’s on a state-by-state basis, but there’s an outside chance that the Senate would end up 50-50 after the election. I know that the Vice-President normally breaks ties in the Senate, but it seems weird that the Vice-President from the previous session would get a vote in picking the Vice-President for the impending session.
For that matter, what happens if a state’s delegation in the House is deadlocked (the representatives from Wisconsin split 4-4, say)? Does that delegation just not get a vote in the selection of the President?
These are all “second-order” unlikely scenarios, of course—a tie in the electoral college is unlikely enough—but I’m curious what the contingencies are.
Yes, the VP breaks all ties in the Senate. And since the VP is the VP, his term isn’t up until January so Biden would break the tie, and possible vote for himself.
As noted, the current VP breaks the tie. That would be Biden.
If they can’t decide, they don’t vote. Lots of things go through the House without a vote from every member. In fact, I’d be surprised if most things the House votes on gets a full count.
And if it’s a tie in the House? Don’t they have ballots until there is a winner? It doesn’t have to be one of the two major candidates either. Can’t they choose anyone Consttutionally eligible?
The Speaker of the House is already a voting member of the House and so his or her vote is part of their state’s delegation. They don’t get a second vote.
I imagine a scenario in which 25 state delegations in the house are Republican, 23 are Democratic and two are tied. The House could vote till hell freezes over and I am reasonably certain, the voting would not change and neither candidate would receive a majority of the states, as required for a choice. My scenario imagines further that the Senate is tied 50-50 and Biden gets to cast the deciding vote and chooses, surprise(!), Joe Biden. Under the constitution, come Jan. 20, Biden would become president (I think the wording is something like, “Assume the duties and responsibilities of the office”. Ever since I learned in HS about this system, I felt that it was an accident waiting to happen. I assume that the eventual result would be that both parties would finally agree on an amendment to replace this insane method of choosing by a less irrational one. Note that I do not say “more rational” since that presupposes that the current system is in any way rational. Also I cannot imagine the parties could agree on a rational method.
Here is what I would consider a rational method. A single nationwide vote run by the feds with automatic voter registration and none of this crap about voter ID. Any candidate getting a majority is elected and, if not, there is a runoff a week later between the two top candidates. And have the voting on Sundays with loads of opportunity for early voting so that no one need take off work to vote. And get all those ads off TV. Ah, fantasy.
AFAIK, there have been only two cases in which the House was tied. The first was the Jefferson/Burr catastrophe in 1800 and they voted until they agreed on Jefferson (I don’t know too much about that). The constitution was amended soon after to separate the presidential and vice-presidential ballots, without, however, changing the idiotic method of breaking ties. The other happened in 1824 when there were 4 candidates receiving votes listed in order of number of votes: Andrew Jackson, John Q. Adams, Henry Clay, John C. Calhoun. Calhoun was eliminated and the House had many votes and finally Clay and Adams reached a deal whereby Clay would back Adams and Adams would make Clay Secretary of State. And so it happened.
Would you check for citizen status or is it sufficient for someone to claim they’re a citizen. Since no voter idea, what would happen if two Saint Cads show up to vote. Is the second voter screwed?*
*This has happened to me before. Of course those that do not support voter ID claim that I was not disenfranchised by this.
If the house truly does not pick a president, and somehow there is no majority in the senate either, then the (powers of the) presidency would devolve onto the new speaker of the house.
If Biden broke a tie in the senate and voted for himself but the house was still tied, then he would become president.
If I understand correctly, the House has to keep voting until there is a majority. That means that at least 26 State delegations need to select someone. If it’s 25 for Romney, 24 for Obama and 1 tie/no vote, then they haven’t selected anyone. Also, they can’t compromise on some totally different person who wasn’t one of the top finishers.
In addition, it’s the House that is in place now, not the one that just got elected and would be sworn in January.
No they cannot. See post #5 but if you still don’t believe me.
[QUOTE=Amendment XII]
The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority,** then from the persons having the highest numbers not exceeding three on the list of those voted for as President**, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice.
[/QUOTE]
Only if you meant specifically that they can compromise on the third highest electoral vote getter assuming there is one. They cannot compromise on just whomever they want.