Who Breaks a Tie in the House of Representatives
Electoral College Ties
Note that the word on this page is mostly written effectually a 269-269 tie betwixt two candidates. However, much of the same would come into play if a 3rd party or independent candidate wins enough electoral votes to prevent any candidate in the race from reaching 270. The 2022 interactive electoral higher map allows you to assign balloter votes to a 3rd political party.
Game it out: Electoral College Tie Finder 2022 Interactive Map
Information technology takes270toWin . If neither candidate gets a majority of the 538 balloter votes, the ballot for President is decided in the Firm of Representatives, with each state delegation having one vote. A bulk of states (26) is needed to win. Senators would elect the Vice-President, with each Senator having a vote. A majority of Senators (51) is needed to win.
State House delegations can cast their vote for president from among the three candidates receiving the most electoral votes, while Senators are limited to the elevation two candidates in their vote for Vice-President.
Information technology is important to note that an apparent tie on election night does not mean that in that location is actually a tie. The Electors meet on December fourteen, 2022 (the first Monday after the 2d Midweek in Dec) to cast their votes. But about half the states have laws requiring their Electors to vote for the popular vote winner. It is possible that an Elector could cast his or her vote for another person. We saw that in the 2022 election, when vii* Electors were 'faithless'.
In a 269-269 necktie, as long as that rogue vote wasn't for the other major candidate in the race, this wouldn't be an event. Both candidates would withal exist short of the required 270. However, imagine a scenario where a single Elector in a single state switched their vote to the other candidate in the tie --- the vote would be 270 to 268. While very unlikely, this kind of vote has happened before (most recently in 1968, although the electoral vote that year wasn't shut).
More than likely, the necktie ballot would remain undecided later the Electors voted. The Congress meets in articulation session on January 6, 2021^ to count the electoral votes (this count happens whether the election is close or not). If no candidate has reached 270 Electoral Votes, then the House and Senate take over and elect the President and Vice-President, respectively. Annotation that the newly elected 117th Congress will exist sworn in on January 3rd, 2021. It is that new Congress that would take on this responsibility.
Who would win the presidency in a tie?
In this partisan era, it is a reasonable supposition, at least to outset, that the vast majority of members would vote forth party lines. That in mind, permit'south look at who has the majority in each state.
The GOP held a decided 32-17 edge in command of these state congressional delegations prior to the 2022 midterms. With Democratic gains in that election, the Republican border narrowed to 26-22. In 2019, Michigan Republican Justin Amash became an independent, breaking that state's tie. Equally a result the current split is 26-23, with one tie (Pennsylvania).
What about afterward the 2022 House elections? Every bit noted earlier, information technology is the new Business firm, seated in Jan, 2022 that would be voting. We have a new feature for that, called 'Land View', that is associated with the Business firm Interactive Map. Try information technology out for the 2022 Consensus by clicking or borer the image below.
Note that if a majority is not reached in the Firm vote (e.thousand., 25-25), that chamber needs to keep at information technology until the tie is cleaved. If the deadlock is nevertheless in place when the new term starts (noon, ET on Jan. 20), the vice president becomes acting president until such time as the House elects a president.1 1See Department three of the 20th Amendment.
*This was a historically high number, most elections have none.
^ Congress can modify this engagement.
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Source: https://www.270towin.com/content/electoral-college-ties/
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