What happens if there is a tie in the 2024 presidential election?

The 2024 presidential election has already delivered some remarkable, unexpected moments. An incumbent president drops out of the race. A former president becomes a convicted felon. More attempted murders. The list goes on and on.

With polls indicating an astonishingly close race, another extremely unlikely — but not impossible — twist has been brought up by some observers: a tie in the Electoral College. If Donald Trump and Kamala Harris each end up with 269 electoral votes instead of one candidate crossing the 270 threshold required to win, then the United States will be treated to its first “contingent election” in nearly 200 years.

In that case, it will be up to Congress to choose the next president. Lord help us.

What is a quota election?

A quota election is what happens when no candidate wins a clear majority of the electors’ votes. That could theoretically happen for a few reasons, including a third party winning enough electoral votes to prevent another leading candidate from reaching 270, or if so-called “faithless” voters choose to break their pledge to vote for their party’s nominee.

It can also happen in an equal tie between two candidates.

Under the provisions of the 12th Amendment, the House of Representatives would then elect the President. Each state delegation will be given a single vote to cast for their preferred choice among the three candidates with the most electoral votes. Whoever gets 26 votes or more becomes president.

It’s also worth noting that Washington, DC, which is assigned three Electoral College electors, would not get a vote in a quota election because it is not a state.

A newly elected Congress would vote in such a scenario, according to Congressional Research Service. As such, the outcome of congressional races would greatly influence the vote for president.

In the 2024 election, Republicans enjoy majority control of 26 state delegations. Democrats hold the majority in 22, while Minnesota and North Carolina are tied.

Decisions, decisions…

Exactly how state delegations would choose to cast their vote for the president is unclear. They would not be legally bound to vote for the candidate who had won the national referendum or even the candidate who had won the most votes in their state.

While the House elects the President, the Senate will elect the Vice President. Each senator would be allowed to cast one vote for their choice of the two vice presidential candidates with the most electoral votes. Whichever candidate receives 26 or more votes in the Senate vote wins.

Because the president and vice president would be elected by separate ballots, it is possible that candidates from opposing parties would be elected. For example, if the Republicans and Democrats retain their respective control of the House and Senate, it could result in Donald Trump returning to the White House with Tim Walz as his Vice President.

Other strange outcomes are possible. A quota election would take place right after the new Congress meets to count and certify electoral votes on January 6. If home state delegations fail to elect a president before inauguration day – Jan. 20 — then the elected vice president would temporarily serve as president.

In the event that the Senate is also hopelessly deadlocked and does not elect a Vice President before Inauguration Day, then the Speaker of the House will act as President until a Vice President or President is elected.

Unprecedented? Not exactly

Again, a quota election is unlikely – but it has happened before. Since the ratification of the 12th Amendment in 1804, there have been two such elections.

In 1824, four presidential candidates won electoral college votes. Andrew Jackson had the most – 99 – but fell short of the 131 then required for a majority. The resulting House election resulted in Jackson’s rival, John Quincy Adams, being elected president.

Just 12 years later, during 1836, another contingent election took place, but only to elect the Vice President. Virginia’s electors became “faithless” and refused to cast their 23 electoral college votes for Richard M. Johnson, running mate of Martin Van Buren, even though Van Buren had won the election. A quota election in the Senate led to Johnson being elected vice president anyway.

Find the Daily Beast’s coverage of the 2024 election here. Subscribe to The New Abnormal at Apple Podcasts, Spotify, Google Podcasts, Stitcher, Amazon musicor Cloudy.