QUESTION

What happens if the US election is tied?

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Asked May 28, 2026
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If a U.S. presidential election is tied in the Electoral College, the 12th Amendment sends the race to a contingent election.

Here’s the basic process:

  • The House of Representatives chooses the President from the top three electoral vote-getters. Each state delegation gets one vote, and a majority of the states (26 of 50) is needed to elect.
  • The Senate chooses the Vice President from the top two electoral vote-getters. Each senator gets one vote, and a majority of the whole Senate is needed to win.
  • Washington, D.C. does not vote in the contingent election.
  • If the House has not chosen a President by Inauguration Day, the person elected Vice President may serve as acting President only if that person has already been chosen and has qualified.
  • If neither office is filled by then, the presidential succession rules under federal law apply.

A couple of details can matter in practice: the newly elected Congress meets in early January, so control of state delegations can change before the House vote, and the exact outcome can depend on which candidates are actually in the top electoral-vote positions.