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While many Americans know that an Electoral College tie sends presidential and vice presidential elections into the House of Representatives and Senate, few realize there’s a constitutional crisis lurking in the incomplete rules for resolving such draws. In 2024, scrutiny of these hidden dangers is more than a mere academic exercise, as there are plausible scenarios by which Joe Biden and Donald Trump could end up with 269 electoral votes apiece. One, for example, centers on Trump winning Nevada, Pennsylvania, Michigan and Wisconsin, and Biden winning Georgia, North Carolina and Arizona. In the event neither candidate reaches the requisite 270 electoral votes, Americans would witness the first “contingent election” in 100 years. In accordance with the 12th Amendment, the president would be chosen by the House of Representatives, and the vice-president by the Senate. In both chambers, votes would be cast by the newly-elected Congress that first convenes in January. That top-level descri...

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Brian McGlinchey

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