WASHINGTON, United States — What happens if neither Kamala Harris nor Donald Trump receives the Electoral College majority needed to win the US election?
Although unlikely, such an outcome is still imaginable, distressing Americans who have been perched on the edge of their seats ahead of the November 5 election.
Under the US system, the winner of the presidential election is determined by a 538-member “Electoral College,” in which each state receives as many “electors” as its congressional representation.
Except for Nebraska and Maine, every state gives all of its electors to the candidate who receives the most votes in the statewide popular vote.
If Harris and Trump fail to secure a majority of 270 electors, the US Constitution states that Congress will make the final decision.
The newly elected House of Representatives would pick the president in January, whereas the Senate would choose the next vice president.
Several circumstances could result in a 269-269 Electoral College split.
For example, suppose Democrat Harris wins Wisconsin, Michigan, and Pennsylvania, but the Republican former president wins Georgia, Arizona, Nevada, and North Carolina, as well as a single left-leaning district in Nebraska.
A tie would necessitate a so-called contingent election in Congress, which has never occurred in modern American history.
The last time a tie compelled Congress to pick a president was in the 1800 election when Thomas Jefferson faced incumbent President John Adams.
Lawmakers in a deeply divided House battled to reach an agreement, eventually selecting Jefferson on their 36th ballot.
The painful ambiguity resulted in the approval of the 12th Amendment to the United States Constitution four years later, which attempted to clarify electoral procedures.
This time, if a House vote is required, it will be held on January 6, 2025.
But how would the voting proceed?
“Each state, regardless of population, casts a single vote for President in a contingent election,” according to the Congressional Research Service (CRS).
In other words, Republican-leaning Wyoming, with a city-sized population of 500,000, would wield the same power as Democratic California, with 39 million residents.
Despite having three Electoral College votes, Washington, D.C., would not be represented in a contingent election because it is not a state.
According to a CRS analysis, states with two or more representatives must have an internal vote to decide which candidate to support.
A contender must win a majority of the 50 states or 26 votes. At the moment, that probably gives Republicans the advantage.
The House would most likely have to enact specific rules to manage the process, which may lead to severe arguments and a protracted constitutional crisis.
It is not difficult to envision how this procedure, which is coming at the end of a razor-thin campaign, would strain the already pulled emotions of American voters, many of whom believe the vote was marred by fraud.