If no candidate gets half the available electoral votes, the President is
selected by the House from the 3 candidates with the most electoral votes,
with one vote per State delegation, and each State decides how to cast that
vote. The winner of this ballot must get votes from more than half the
States. The Senate and its majority leader don't enter into it at this
stage - they select the VP instead.
However, if there's a deadlock in the House on this balloting, the VP
selected by the Senate becomes acting president until the House gets its
act together. If the Senate deadlocks also, the result may be undefined.
> That's a good point. In case of an EC tie the process moves to congress,
> who elects the president. This would still be considered a valid election.
> I think part of the difficulty is just stating what is a "constitutionally
> valid" legitimate president. Any attempt by any president to stay in power
> would be backed by *some* legal arguments, whether spurious or not, which
> we shouldn't be trying to adjudicate between here.
> We could say "accepted by the speaker of the house and the senate majority
> leader." Then we're getting a lot more murky. Or we just make that specific
> case explicit: "having been awarded a majority of the US electoral college,
> or elected by congress in case of an EC tie."
> I'd prefer the latter, since it ought to be unambiguous.
> On Fri, Feb 21, 2020 at 2:04 PM chrisran.bma e-mail <
> email@example.com> wrote:
>> So if there is an electoral college tie but Trump is legitimately
>> president, the claim is judged no?
>> Seems a strange outcome?
>> crandles 7886