What happens if it is 25-25?
They keep voting.
Election of 1800 took 36 ballots in the House;
Election of 1824 decided on 1st ballot in the House.
Can’t be. Right now, Rs have a 2-delegation majority, and even in the rosiest scenarios for Ds, that won’t change with the new Congress, but (I haven’t run the numbers) if Rs pick up 20 seats it might change toward the Rs favor. Ask fieldmarshaldj.
There’s a bit of confusion here.
1st case is that no candidate gets a majority of the electoral vote. Then it goes to the House, with each delegation getting one vote.
2nd case is a candidate gets a majority of those voting but one or more states does not vote. The 1864 precedent of Lincoln winning supports the candidate with the majority, even if that majority is less than 270.
3rd case is that electoral votes are claimed to be invalid. Both Houses have to agree to not count them.
If one votes to not count and the other votes to count then the governor breaks the tie.
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title3-section15&num=0&edition=prelim
Hmmm....I can’t actually see a state turning in more than one set of electoral votes though...they did in 1876 but I can’t see it happening nowadays.