
What if the above scenario or one of the 50+ other potential ‘tie’ scenarios plays out when the electoral body meets in January? How would the president and vice president be picked? Who would have that power?
As drafted in the Constitution, under the electoral college system if the results end in a tie the decision to select a new president is passed to the House of Representatives. There is a period of time before the house gets a chance to take up the topic however. During that time electors have a chance to try and coax one another to change their votes, but such an occurrence is unlikely and would be political suicide. Also, it should be noted that many states do have laws that require their electors to vote for the candidate that won their respective state’s popular vote.
Upon no electors changing their minds the House receives the issue and must than decided the next president. Here is where it gets interesting. Each House member does not get a vote on the matter, instead each state delegation receives a vote. California gets one vote, Hawaii gets one vote, Nebraska gets one vote, and so on. Each state delegation casts one unifying vote, if a state delegation cannot pick one candidate to vote for they must forfeit their vote entirely. The question here is, would state delegations honor their state’s respective popular vote decisions or would they honor their party?
The vice president on the other hand is decided in the Senate. Yes, the two are selected separate of one another and in the end it could result in having a bi-partisan executive branch. The senate meets while the House is debating the president and picks a vice president, if there is a tie in the Senate the sitting vice president will cast the deciding vote. This is likely to eliminate a lengthy vice president selection process since a tie breaker is relatively simple. Similarly, the question here is, would the senators choose to honor their state’s respective popular vote decisions or would they honor their party?
Also, according to the Constitution if the House is unable to choose a president by March 4th, the newly Senate appointed Vice-President will become president in the same manner he/she would if a sitting president were to die or leave office for any other reason.
Interesting eh…