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Today is the presidential election in America, the world's oldest democratic country. Here there is a direct contest between Donald Trump of the Republican Party and Kamala Harris of the Democratic Party. 270 votes are required for victory, but if no party is able to reach this majority then how will the US President be elected?
The American people will vote today to elect their 47th President. There is a direct contest for the post of President between Donald Trump of the Republican Party and Kamala Harris of the Democratic Party. As per the surveys so far, the race between Trump and Harris is so close that even a one percent change can make or break the game.
To hold the post of President, any candidate will have to cross the magical figure of 270. In America, because the people do not directly elect their president, rather they first vote for a certain number of people called electors (delegates). The total number of these voters is 538. This group of electors is called the Electoral College. This college also ultimately decides the President. Thus, to become President in America, at least 270 electoral votes are required.
But if no party gets 270 electoral votes in the American elections, then how is the President elected? How is the entire process and can this process delay the presidential election? Let us understand…
In America, if any party is unable to reach majority then the matter reaches the US Parliament and Congress. The lower house here, called the House of Representatives, elects the President. It is like the Lok Sabha of India. This type of election is called contingent election (alternative election) in the US Constitution.
There are a total of 435 representatives in the House of Representatives (Lower House). But in this contingent vote each state gets only one vote. There are currently 50 states in America, so the total number of votes is 50, out of which the candidate who collects 26 votes becomes the President. At the same time, the responsibility of selecting the Vice President lies with the Senate, the upper house of the Parliament. There are 100 senators in it.
Such elections took place twice in the history of America.
This has happened twice in American history. The first incident occurred in 1800 during the fourth US presidential election. Democratic-Republican Party leaders Thomas Jefferson and Aaron Burr were in the fray. And in second and third place were the federal candidates. This year, when no one gained a majority, the House of Representatives elected Thomas Jefferson as President. But it should also be noted that at that time the 12th Amendment which sets the rules for by-elections was not enacted.
Then after the 12th amendment, another such achievement happened in the presidential election of 1824. The main contest in this election was between Andrew Jackson, John Quincy Adams, William Crawford and Henry Clay. Following the results, Jackson not only received the most popular votes, but he also had the majority of electoral votes compared to other candidates.
Jackson received 99 electoral votes this year but needed 131 votes for a majority. That means he was 32 places behind the magic figure of majority. The three remaining candidates: Adams with 84, Crawford with 41, and Henry Clay with 37 electoral votes, placed second, third, and fourth in the election results.
The case went to the House of Representatives because all four candidates fell well short of the number required to become President. At that time there were only 24 states in America, so to become President, more than half i.e. 13 votes were required. When the House voted, Adams was elected President.
Can there be obstruction in voting?
Yes, this is absolutely possible. Because if 50 votes fall in the House of Representatives, there is a possibility of deadlock here too. Put it this way, if one party has more state delegates than the other, that party will have a better chance of getting the required 26 votes in a tie election.
If there is a tie in the House of Representatives for the presidency, the voting is repeated until one candidate receives a majority of votes. But if no winner is declared by Inauguration Day, i.e. January 20, 2025, then whoever is elected Vice President in the Senate will play the role of Acting President. And if the Senate also fails to elect the Vice President under the Presidential Succession Act, the Speaker of the House is made the Acting President.