The 12 amendment says that the winner must have a majority of all votes in the electoral college, otherwise the top 3 candidates can be voted on in the House
> The 12 amendment says that the winner must have a majority of all votes in the electoral college
The key here is all “appointed” rather than “potential” votes. Thus, if some state, through internal chaos, failed to appoint its electors, the majority required would fall below 270. Of course, that doesn’t mean Hillary’s lawyers would accept that fact, but it seems nonetheless straightforwardly presented in the amendment text.