What happens if nobody wins 270 electoral votes?
If no candidate receives a majority of electoral votes (currently 270 of 538), the election moves to Congress under the Twelfth Amendment. The House of Representatives chooses the President, with each state delegation casting one vote, while the Senate chooses the Vice President.
- House elects the President: Each state delegation gets one vote, regardless of population
- 26 states needed to win: A majority of state delegations must agree
- Senate elects the Vice President: Each Senator votes individually; 51 votes needed
- Very rare: Last contingent election was 1824 (John Quincy Adams)
The Twelfth Amendment process
The Twelfth Amendment (1804) establishes that if no presidential candidate receives a majority of electoral votes, the House of Representatives chooses from among the top three electoral vote recipients. Crucially, voting is by state delegation, not by individual representative—California's 52 representatives and Wyoming's single representative each cast one vote for their state.
A candidate needs 26 state delegations to win. If a state delegation is evenly divided, that state's vote may not be counted. The newly elected House (sworn in January 3) conducts this vote, not the outgoing Congress.
What about the Vice President?
The Senate chooses the Vice President from the top two electoral vote recipients for that office. Each Senator votes individually, requiring 51 votes to win. This means the President and Vice President could come from different parties if the chambers split.
When has this happened?
Only twice has the House elected the President: in 1800 (before the Twelfth Amendment clarified the process) and in 1824, when Andrew Jackson won the popular vote and plurality of electoral votes but lost in the House to John Quincy Adams after Henry Clay's support shifted to Adams.
A contingent election could occur if: a strong third-party candidate won enough states to prevent either major candidate from reaching 270; an exact 269-269 tie occurred; or faithless electors created an unusual split.
Electoral Count Reform Act 2022
Following the 2020 election controversies, Congress passed the Electoral Count Reform and Presidential Transition Improvement Act, which clarified procedures for counting electoral votes and raised the threshold for congressional objections. It also reaffirmed that the Vice President's role in counting votes is ministerial, not discretionary.
🎮 In Race for the White House
The simulation focuses on the Electoral College contest and does not model contingent elections. With only two major-party candidates competing, reaching exactly 269-269 is the only scenario where no majority exists—and the simulation resolves such ties rather than modelling the House process.
About this explainer
This explainer accompanies Race for the White House 2028, an educational simulation. The simulation's candidates, polling and campaign events are fictional.
Last reviewed: January 2025