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Evening Standard
Evening Standard
Sian Baldwin

What happens if there's a tie in the US election? All you need to know

There have been numerous claims from either side, and wars of words in the months leading up to US Election week.

Millions are heading to the polls in America in what is rumoured to be one of the closest contests in recent years.

Both Kamala Harris and Donald Trump have fought hard to persuade the electorate to vote for them to lead the country, but what happens if it ends in a tie?

The pair is said to be neck and neck in the race to the White House but there is a remote possibility that it ends in a draw.

Ms Harris and Mr Trump could each receive 269 electoral votes, resulting in a draw scenario, with both candidates unable to achieve the majority of electoral votes required to become president.

But how likely is that and what happens if it does end in a tie? Here is what you need to know.

How likely is a tie?

The US has an electoral system that means the winner takes all.

Known as the Electoral College, the election comprises 538 votes, distributed among the 50 states plus the District of Columbia. A tie between two could happen.

What happens if there is a tie in the US election?

A constitutional amendment more than two centuries old determines the choice of winner in case of a draw.

This is the US’s 12th Amendment which states that, in such bizarre cases, the House of Representatives would be forced choose the president by ballot from the top three choices of the electors. Votes are taken by each state, with each state having one vote and a majority is required.

It means that smaller states will have the same say in choosing a new president as much as larger ones.

This is called a “contingent election”, with the House of Representatives tasked with deciding the US president for the first time in two centuries, requiring a majority of 26 states to elect the new leader.

Even more surprisingly, the tie scenario could lead to cohabitation between a Republican president and a Democratic vice president or vice versa, just like it was seen in hit political comedy series Veep, starring Julia Louis-Dreyfus as Selina Meyer who has to serve as VP to her opponent after a tie.

With the race as close as it is being reported, this could cause yet more drama, with new Congress members having to choose between backing their party and the person who received the most votes in their state as there is no requirement for state delegations to honour the winner of their state’s vote.

Has it happened before?

A stalemate has occurred twice in US history, in 1800 and 1824. In 1800, it was such an issue that it forced them to change the law on elections for the future.

Back then, no-one ran for vice president – previously, the candidate who received the most votes became president and the runner-up became vice president and electors got two votes each.

Electoral votes were counted and Thomas Jefferson and Aaron Burr, who belonged to the same Democratic-Republicans party, were tied with the most votes.

In this situation, Congress also couldn't decide who it wanted to win, and it took 36 votes for Mr Jefferson to finally become president.

Congress then introduced the 12th Amendment to stop it happening again.

But there was another tie in 1825 and, this time, four candidates split the vote. Andrew Jackson got by far the most votes, but was unable to clinch the majority he needed to be elected president.

His rival, John Quincy Adams, then ended up being controversially voted as the next president, despite the fact he had fewer public votes.

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