What Happens if Nobody Wins
The Constitution's 12th Amendment is the basis for all of our presidential election rules. It says that If the Electoral College deadlocks or candidate receives the majority of votes, the election of the president goes to the House of Representatives. Each state's delegation casts one vote for one of the top three contenders to pick a winner. That's called a contingent election.
- Only two Presidential elections (1800 and 1824) have been decided in the House.
- Though not officially a contingent election, in 1876, South Carolina, Florida, and Louisiana submitted certificates of elections for both candidates. A bipartisan commission of Representatives, Senators, and Supreme Court Justices, reviewed the ballots and awarded all three state’s electoral votes to Rutherford B. Hayes of Ohio, who won the presidency by a single electoral vote.
