What If It’s a Tie?
Gaming out the nightmare of a 269–269 deadlock
Biden leads Trump in the latest polls. But if Trump wins Florida and North Carolina, a constitutional crisis is likely.
Long story short, the House of Representatives would choose the victor — and Biden would probably lose.
NOVEMBER: Confusion, Recounts, & Lawsuits
First, lawyers and partisans would try everything to get their candidate over the 270 threshold.
After the initial results came in, weeks of litigation and recounts would ensue. At a minimum, there would be a recount in Florida, Pennsylvania, or another battleground state.
The 12th Amendment to the U.S. Constitution — the supreme governing authority on presidential elections — would face unprecedented scrutiny. It provides, in pertinent part, the following:
. . . The person having the greatest number of [Electoral] votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such…
