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How does the House of Representatives choose a president when no candidate wins an Electoral College majority?
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Electoral College
A certificate from Alabama showing the signatures of the state's electors in 2000. The nine electors voted for George W. Bush and his running mate Dick Cheney.
If no candidate receives a majority of the 538 electoral votes (at least 270), the election of the president is decided by the House of Representatives under the rules established by the Twelfth Amendment to the U.S. Constitution.12
The process follows these specific requirements:
- Candidate Pool: The House must choose from the top three candidates who received the most electoral votes.12
- Voting Method: Unlike standard legislative business, each state delegation in the House receives exactly one vote, regardless of the number of representatives that state has.1
- Quorum and Majority: A quorum for this purpose requires the presence of a member or members from at least two-thirds of the states. To be elected president, a candidate must receive a majority of all states (currently 26 out of 50).1
This procedure ensures that the selection process remains grounded in the constitutional framework when the Electoral College fails to produce a clear winner.1