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A tie in the Electoral College, while slim, is still possible. Here's what to expect should a tie occur. What happens if there is a tie in the Electoral College?
What if there is an Electoral College tie? A 269-269 tie is not outside the realm of possibility, though it's unlikely. It's happened only once under the current rules of the Electoral College ...
In the case of a tie for the vice presidency, the Senate would decide. Each Senator casts one vote and the winner is determined by whomever earns 51 votes or more, the Constitution says.
While the Twelfth Amendment did not change the composition of the Electoral College, it did change the process whereby a president and a vice president are elected. The new electoral process was first used for the 1804 election. Each presidential election since has been conducted under the terms of the Twelfth Amendment. [citation needed]
In 1833, Supreme Court Justice Joseph Story detailed how badly from the framers' intention the Electoral Process had been "subverted": In no respect have the views of the framers of the constitution been so completely frustrated as relates to the independence of the electors in the electoral colleges.
Rather, the Supreme Court has stated that the section "creates a 'safe harbor' insofar as congressional consideration of its electoral votes is concerned. If the state legislature has provided for final determination of contests or controversies by a law made prior to Election Day, that determination shall be conclusive if made at least six ...
There are two senators for each state, but the allocation of seats in the House of Representatives varies based on population. California, the most populous state, has 54 electors.
Although Electoral College members can vote for anyone under the U.S. Constitution, 32 states plus the District of Columbia have laws against faithless electors, [43] [44] those electors who do not cast their electoral votes for the person for whom they have pledged to vote. The Supreme Court ruled unanimously in the case Chiafalo v.