The House votes by state to decide the winner
US Presidential Election
- If no candidate receives a majority of the Electoral College votes in a US Presidential election, the states' delegations to the House of Representatives select the president. Each state's delegation receives one vote. The House must select from the top three Electoral College vote getters (i.e. the three candidates with the highest Electoral College vote totals), and the winner must receive the majority of votes.
- A minimum 2/3rds quorum is required (i.e. 2/3rds of all the states' delegations must be present), and the winner must get a simple majority of that quorum. Only state delegations can vote in such a tie-breaker (e.g. the District of Columbia's Electoral representatives are excluded, and D.C. does not get a vote). Voting rounds continue until there is a winner.
Vice presidential election
- If no candidate for the Vice President receives a majority of the Electoral Vote, the Senate will then choose the winner. Each senator has a single vote, and they can chose from the top TWO Electoral College vote-getters. A simple majority (51 of 100) is required to win in the Senate. Only Senators may vote (e.g. the current Vice President does not get to break ties) in this special case. As with the House, voting rounds continue until there is a winner.
