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.
Though final makeup of the incoming House is still in flux due to ongoing ballot counting, the gap is wide enough to know there definitely will be more Democrats overall, but there will also definitely be more state delegations with a majority of delegates who are Republican. For example, although population-heavy California and New York have large, predominantly Democratic representation in the House, each state would receive just the same, single vote assigned to lower-populated Republican-led states like Wyoming or South Dakota. This would likely ensure a Republican majority vote in the House for Trump over rival Joe Biden…
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