Who Would Become President if the Electoral College Fails?

The role of the United Statesrsquo; Electoral College in electing a President is crucial, but what happens when they fail to do so? How does the U.S. Constitution address such a scenario, and who becomes the President if the Electoral College vote results in a tie or no clear winner? This article explores these scenarios in detail, providing a comprehensive overview of the process.

The Process if the Electoral College Ties

Should the Electoral College vote for President result in a tie, the decision is not made by a recount but instead through a specialized process that involves the House of Representatives. Under the 12th Amendment of the U.S. Constitution, if no candidate achieves a majority of at least 270 electoral votes, the House of Representatives takes over to choose the President from among the top three recipients of electoral votes.

Here's how this would play out:

House of Representatives Decision: In this scenario, the House of Representatives would gather to cast its vote. Each state delegation votes collectively, with one vote per state. This means that even the least populated states have an equal say as the most populous ones, as they are represented by a single vote. Selection Process: The House of Representatives will choose from the top three recipients of electoral votes. If no one secures a majority, then the state where the Speaker of the House is from gets the deciding vote, as part of the 12th Amendment. Vice President Election: The Senate plays a similar role in electing the Vice President. If there is no clear winner for the Vice Presidency, the Senate will choose between the top two candidates for Vice President from the electoral votes.

A Brief History of Ties in the House

The procedure for resolving electoral college ties has only been used twice in U.S. history. Notably, the 1800 election saw Thomas Jefferson triumph over Aaron Burr, and in 1876, Rutherford B. Hayes was chosen over Samuel Tilden. These examples highlight the complexity and unforeseen outcomes these procedures can bring.

Challenges and Criticisms

The process by which the House of Representatives votes, casting one vote per state, has been criticized for its undemocratic nature. It often leads to a situation where sparsely populated rural states hold equal power to more populous urban areas. For instance, Wyoming and California, both with very different voter demographics, would have an equal say in the decision if the House were to convene.

This system, while designed for a bygone era, raises questions about contemporary democracy and representation. Critics argue that it is one of the most undemocratic procedures in the world, reminiscent of even Joseph Stalinrsquo;s Russia.

Precedents and Future Scenarios

The last time the House of Representatives was charged with selecting the President was in 1876. Since then, multitudinous scenarios with no clear majority have not materialized. However, if such a situation were to arise today, the following steps would be taken:

If the electoral votes are cast for none of the candidates, the House will choose a president from the top three, with each state receiving one vote. Should there be no clear winner, the Speaker of the House casts the deciding vote if it comes to that. For the Vice Presidency, the Senate follows a similar protocol, with each state casting a single vote for the top two candidates.

In conclusion, the procedures outlined in the U.S. Constitution ensure a successor is always in place, but their execution can lead to complex and potentially controversial outcomes. Understanding these processes is crucial for both citizens and policymakers to navigate democratic challenges.