In the event of a rare tie in the US presidential election, the outcome would be determined by a centuries-old constitutional process. Here’s how it works.
As the final votes are tallied, the battle between Vice President Kamala Harris and former President Donald Trump could end in an unlikely scenario: a tie. Although a deadlock in the race for the White House is highly improbable, it is theoretically possible under the mechanics of the U.S. Electoral College system.
The U.S. Electoral College allocates 538 votes among the 50 states and the District of Columbia, and a candidate needs 270 electoral votes to win. If both Harris and Trump were to receive 269 votes each, the result would be a complete tie, with neither candidate achieving the majority required to claim the presidency.
This rare occurrence has happened before, most notably in the elections of 1800 and 1824. Here’s a look at what would happen if history were to repeat itself.
What Happened in the Past?
The first instance of a tie in a presidential election occurred in 1800, when Thomas Jefferson and Aaron Burr of the Democratic-Republican Party ended up with the same number of electoral votes—73 each—despite competing for the presidency and vice presidency on the same party ticket. At that time, electors cast two votes without differentiating between a presidential and vice-presidential candidate.
As a result, the 1800 election had to be decided by the House of Representatives, which, after a deadlock, chose Jefferson as president. This impasse nearly led to a military confrontation, a situation that prompted Congress to enact the 12th Amendment to the Constitution in 1804. This amendment clarified that electors would vote separately for president and vice president, preventing a similar tie from occurring again.
The next major electoral deadlock happened in 1824, when no candidate received the required majority of electoral votes. Andrew Jackson received 99 votes, John Quincy Adams 84, William Crawford 41, and Henry Clay 37. Since all the candidates were from the same political party—the Democratic-Republicans, which had split into factions—the election was decided by the House of Representatives. Adams ultimately emerged victorious after the House voted by state delegations, with each state casting one vote.
The Process Today
The modern system still retains the possibility of a tie, and if such a situation were to arise, the decision would once again be up to the House of Representatives. The 12th Amendment specifies that the House would choose the president from the top three candidates in the Electoral College, with each state delegation casting one vote. A majority of states (26) would be required to elect the new president.
Interestingly, in such a scenario, a small state like Wyoming (which has just three electoral votes) would have the same voting power as California, which has 54 electors. This disparity can be significant because it would put a tremendous amount of influence in the hands of smaller states.
The House’s choice of president would depend on the makeup of the newly elected Congress, which would be chosen concurrently with the presidential election. This adds an extra layer of complexity to the situation, as new members of Congress would face immense political pressure as they cast their votes, particularly in a highly polarized environment.
A Contingent Election
If the election were to end in a 269-269 tie, the process would kick off with the Congress meeting in early January to officially determine if a candidate has reached the required majority of electoral votes. If no candidate has secured 270, the election would be decided by a “contingent election,” where the House of Representatives votes on the new president.
This process could unfold in early January, when Congress convenes to certify the election results. If no candidate has received a majority of the electoral votes, the House would begin its voting process. However, this would not be a quick fix—it could be an extended and contentious process, as each state delegation votes by majority, and many states could face challenges in reaching a consensus.
Another surprising twist to a tie scenario would be the election of the vice president. According to the 12th Amendment, if no candidate wins the presidency by the time of the inauguration, the Senate would select the vice president from the two candidates with the highest number of electoral votes. Each senator casts one vote, and a simple majority is required to elect the vice president. This could result in an unusual situation where the U.S. could have a Republican president and a Democratic vice president—or vice versa—creating a divided leadership.
What Would Happen on Inauguration Day?
If no president has been selected by Inauguration Day on January 20, the vice president-elect would serve as acting president until a final decision is made. This is a situation that many in the U.S. political establishment would hope to avoid, but the possibility exists if the election results are deadlocked.
While the chance of a tie remains low, especially given the current political landscape and the distribution of electoral votes across the states, the possibility of a deadlock highlights the complexity and unpredictability of the U.S. electoral system.
In the unlikely event that the election were to end in a tie, the nation would be forced to navigate an intensely political and highly charged process to resolve the impasse. As such, the U.S. system, while designed to protect democracy, may face another test of its flexibility and resilience in a time of national division.
