With the 2024 presidential election approaching, there’s a slim chance that neither Democrat Kamala Harris nor Republican Donald Trump reaches the crucial 270 Electoral College votes needed to secure the presidency. If this occurs, the Twelfth Amendment details what happens next.
In the U.S., presidents aren’t chosen by the popular vote; they’re elected by the Electoral College, a system of 538 electors representing the states. A candidate must win at least 270 electoral votes to secure the White House, but if both candidates fall short — for example, with a 269-269 tie — the decision shifts to Congress.
In this situation, the newly elected House of Representatives would select the president, while the Senate would pick the vice president. Each state delegation in the House gets one vote, while each senator has an individual vote for the vice president. If the House ends up deadlocked, the vice president-elect would serve as acting president until a president is chosen.
This complex scenario, though rare, is a reminder of how the Electoral College operates, a system designed to balance the choice between Congress and the American public. Alexander Hamilton described the intent behind the College as choosing individuals with “information and discernment” to make an informed decision in such complex situations.
