What happens if US election ends up in tie?

The US election has only been tied once. In 1800, the fourth presidential election was held and candidates Thomas Jefferson and John Adams got 73 votes each resulting in the first and to this date, it remains the only electoral college tie in America’s history.

Fortunately, when the Founding Fathers sat and discussed the elections, they had also laid out plans in the constitution if an election was ever to result in a tie. 

In Article II, Section 1 of the US constitution it is stated that: “If there be more than one who have such majority, and have an equal number of votes, then the House of Representatives shall immediately choose by ballot one of them for president.”

It seems as an easy task but in 1800, the House of Representatives sat and deadlocked 36 times before they elected Jefferson as the third US president.

Currently, the electoral college has 538 votes to cast and a candidate needs 26 states to win the election with each state representative having one vote.

The election resulting in a tie would remain as such even after the voting of the electors. The result will remain undecided by the Congress’s joint session on January 6, 2025, to count the electoral votes.

If both of the candidates fail to reach the 270 electoral votes mark, then the House of Representatives and Senate will take over and elect the president and vice-president of the United States.

Moreover, it should be noted that an apparent tie – by observing the popular vote results – does not mean there is a tie. 

The electors vote on December 17, 2024, and only half of the states have laws stating that the electoral votes of the said state will be cast for the popular election winner. 

An elector can always cast their vote for the candidate who lost the popular vote.