What Happens if a US Presidential Election Cannot Be Determined

The constitution of the United States has provided a clear protocol for when the results of a presidential election cannot be determined. This is not a hypothetical scenario, as it has happened in the past. Here’s an in-depth look at the process and what it involves.

The Role of the Electors and the Electoral College

In a typical year, the American electorate casts their votes for a presidential candidate in November, and on December 14, the electors meet in their respective states to cast their votes. These electors then officially send their votes to Washington D.C., where the Vice President and the Speaker of the House of Representatives conduct an joint session to count the votes on January 6.

However, there are scenarios where these votes cannot be easily counted or resolved. If no candidate achieves a majority of 270 electoral votes, the election is referred to the House of Representatives, where each state delegation gets a single vote. Similarly, if there is no majority in the Electoral College for the vice president, the Senate decides, with each state having one vote.

Historical Precedents

While the possibility of securing 270 electoral votes is the norm, it’s not always the case. Let’s revisit two historical elections where the outcomes were not determined by the initial votes.

1824: The Disputed Election

In 1824, the election between Andrew Jackson, John Quincy Adams, and Henry Clay did not result in a clear winner. Clay conceded his votes to Adams in exchange for the position of Secretary of State, leaving Jackson in third place. This move, dubbed the “Corrupt Bargain” by critics, fueled Jackson’s defeat and remained a contentious issue during his campaign in 1828, where he ultimately won the election.

1876: The Hayes-Tilden Dispute

The 1876 election saw Samuel Tilden of the Democratic Party leading by 234 electoral votes to 231 for the Republican, Rutherford Hayes. However, the results were disputed in several southern states, leading to a contested vote count. The outcome was unclear, and a special Electoral Commission was formed to resolve the dispute. After a series of negotiations, Hayes was awarded the disputed votes, securing the presidency. In exchange, Hayes promised to pull federal troops out of the South, effectively bringing an end to Reconstruction.

Constitutional Protocols

The constitution dictates the exact procedures for such a scenario. If no candidate achieves 270 electoral votes in the Electoral College, the House of Representatives must select the president with each state delegation having one vote. This means that a candidate must secure at least 26 states to become president. The same rule applies to the vice presidency, where the Senate votes with each state delegation casting one vote.

Authority and Transition

While the candidate with the majority in the House becomes president, the vice president-elect, if chosen by the Senate, assumes the role of acting president. This allows for a seamless transition and prevents a potential vacuum of power. However, the powers of the acting president are limited until the issue is resolved.

Conclusion

While the concept of a disputed election may seem far-fetched, understanding the constitutional procedures and historical precedents can provide clarity. The United States has a robust system of checks and balances to ensure that any election issues are resolved in a fair and impartial manner. The protocols set out in the constitution ensure that even in the most complicated scenarios, the transition of power remains as smooth as possible.