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What Happens if the US Election Ends in a 269-269 Electoral College Tie?

What Happens if the US Election Ends in a 269-269 Electoral College Tie?

What if the US election ends in an Electoral College tie between Kamala Harris and Donald Trump? Although unlikely, a 269-269 split could force Congress to make the final call, adding yet more tension to an already fraught election season.

In the US, it’s the 538-member Electoral College—not the popular vote—that determines the president. To win, a candidate needs 270 electoral votes. If neither Trump nor Harris reaches this threshold, the US Constitution mandates that Congress step in to decide.

In this scenario, the new House of Representatives would elect the president, while the Senate would choose the vice president. Under a “contingent election,” each state delegation in the House casts one vote for president, regardless of state population size. This setup could potentially favour Republicans, who hold the majority of state delegations.

Contingent elections are exceedingly rare, with the last one occurring in 1800 when Thomas Jefferson was finally chosen after 36 ballots. If a tie happens in 2024, the House vote would be held on January 6, 2025, potentially sparking fierce debate over voting rules and, likely, a period of constitutional crisis.

With American nerves already frayed, a contested election settled by Congress could further test public trust in the democratic process, especially if accusations of voting irregularities linger.

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