Who elects the president should the electoral college failed to do so
If the Electoral College fails to elect a president, the decision would be made by the House of Representatives. Each state would have one vote, and a majority of states would be required to elect the president.
If the Electoral College fails to elect a president, the process for selecting a president falls to the United States Congress. More specifically, the House of Representatives plays a crucial role in this scenario.
Here's how it works:
1. After the Electoral College fails to elect a president, the House of Representatives comes into action to determine the next president.
2. In such a situation, each state delegation in the House of Representatives has one vote. It means that regardless of the size or population of the state, only one vote is counted for that state.
3. The representatives from each state in the House of Representatives hold a vote among themselves to decide who they will support for president. A simple majority of state delegations (26 out of 50) is required to elect the president.
4. It is important to note that the voting process in the House for this purpose differs from a typical House vote, where each representative usually casts an individual vote. In presidential contingency voting, the delegations of each state collectively cast one vote, meaning all representatives from that state must agree on the vote.
5. The Senate, on the other hand, has the responsibility of selecting the vice president. Each senator casts an individual vote to determine the vice president. A simple majority (51 out of 100) is needed to elect the vice president.
6. If, and only if, the House cannot determine a president by Inauguration Day (January 20th), the vice president-elect takes office as acting president until the House resolves the deadlock.
This process is defined in the 12th Amendment of the United States Constitution, which was ratified in 1804. It provides a contingency plan in case the Electoral College is unable to elect a president.
If the Electoral College fails to elect a president, the responsibility falls on the House of Representatives to choose the President. Here's the step-by-step process:
1. In case the Electoral College fails to reach the required majority of electoral votes (270 out of 538), it would be considered a "faithless electors" situation.
2. The 12th Amendment to the United States Constitution outlines the procedure to be followed in such a scenario. The amendment states that if no candidate receives a majority, the House of Representatives must select the next President.
3. In the House of Representatives, each state delegation gets one vote. This means that the House delegation from each state must come to a consensus internally and cast their state's one vote for President.
4. The House members conduct a ballot vote, and the candidate who receives a majority of the state delegation votes (26 out of 50) is elected as the President.
5. It's important to note that the Vice President selection process differs from the President's. If the Electoral College fails in electing the Vice President too, then the Senate takes over the responsibility of choosing the Vice President.
6. The Senate would conduct a similar ballot vote, with each Senator having one vote. In this case, a majority of Senators (51 out of 100) is required to elect the Vice President.
So, the House of Representatives would elect the President if the Electoral College fails to do so.