Trump Could Receive Second Term from U.S. House in ‘Contingent Election’

Though chances are slim and the final electoral count is still pending, a little-known provision of the U.S. Constitution provides an opening for President Trump to possibly salvage victory through what’s known as a “contingent election.”

Under the 12th Amendment, in a contingent election one person does not win a majority of Electoral College votes, and the election is thrown to the U.S. House of Representatives. There, each state’s delegation has one vote, and a candidate must receive the votes of a majority of state delegations to win. Because of the timing, the new Congress is the one that decides, not the outgoing one.

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Constitution Series: The Electoral College and the Selection of the President

Tennessee Star

    This is the third of twenty-five weekly articles in The Tennessee Star’s Constitution Series. Students in grades 8 through 12 can sign up here to participate in The Tennessee Star’s Constitution Bee, which will be held on September 23. The method of selection of a President to head…

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