[The Bat Ladys Husband]

it may be moot but do I read this correctly that if the decision was thrown to the house and each state having one vote and if you had a 25-25 tie then JOE BIDEN would become president? There is a scary thought.

[Nifster]

That isn’t going to happen...

[Nifster]

The VP would be elected by the house is the assumption

[Repeal 16-17]

[D]o I read this correctly that if the decision was thrown to the house and each state having one vote and if you had a 25-25 tie then JOE BIDEN would become president?

In the 12th Amendment, Biden is the "President of the Senate". The amendment's reference to Vice President is to the person just elected to that office or electoral votes for it. Under the 12th Amendment, if there was no President elected by March 4, the Vice President-elect became President ("as in the case of the death... of the President"). Section 3 of the 20th Amendment changed this to the Vice President-elect becoming only Acting President until a qualified President was elected if there was nobody qualified had been elected President by January 20.

In this election, if the House had to elect the President and Pence was Vice President-elect and the House failed to elect anybody by noon January 20, Pence would be Acting President until the House elected somebody President.

[ops33]

It would be the incoming Congress, not the outgoing Congress.