	Introduction

The 12 th Amendment to the Constitution provides backup, or standby, procedures by which the House of Representatives would elect the President, and the Senate the Vice President, in the event no candidate wins a majority of electoral votes. Although this procedure, known as contingent election, has been implemented only once for each offic e since the amendment's ratification, the failure to win an electoral college majority is theoretically possible in any presidential election. Some contingencies that might lead to an electoral college deadlock include: 
an election that is closely contested by two major candidates, leading to a tie vote in the electoral college; one in which multiple candidates gain electoral votes so that no candidate wins a majority; or an election where a number of electors sufficient to deny a majority to any candidate votes against the candidates to whom they are pledged. Any one of these developments would require Congress to consider and discharge functions of great constitutional significance. Moreover, the magnitude of these responsibilities might well be further highlighted by the fact that an electoral college deadlock would arguably lead to a period of protracted and contentious political struggle. This report examines constitutional requirements and historical precedents associated with the contingent election process. It also identifies and evaluates contemporary issues that might emerge in the modern context. If no candidate received electoral votes equal to or greater than a majority of electors, or if there were a tie, then the House of Representatives would elect the President from among the five candidates who received the most electoral votes. The first instance occurred in 1825, following the presidential election of 1824. The Three-Candidate Limit

The Amendment limits the number of presidential candidates eligible for consideration by stating that if no candidate receives a majority of electoral votes, then the House shall choose the President "from among the persons having the highest numbers [of electoral votes] not exceeding three.... " In the contemporary context, it is unlikely, but not impossible that more than three presidential candidates would gain electoral votes. The meaning of voting "by ballot" has been debated over the years. For the first round vote, within state delegations, a majority of state delegation Members present and voting was required to cast the state vote. Contingent Election of the Vice President: Constitutional Requirements and Senate Procedures in 1837

The 12 th Amendment's requirements for contingent election of the Vice President are less complex than those for the House in the case of the President. Section 3 of the 20 th Amendment also treats contingent election: it reinforces the 12 th Amendment provision that the Vice President (assuming one has been chosen) acts as President in the event the House is unable to elect a President in the contingent election process by the time the presidential term expires. Section 3 also empowered Congress to provide by law for situations in which neither a President nor a Vice President qualified. The act, which remains in effect, provides that the Speaker of the House would act as President during situations in which neither a President nor Vice President has qualified, and would continue to do so until the situation is resolved or the term of office expires. The Role of the Representative in Contingent Election

Representatives participating in a contemporary contingent election of the President would be called on to perform a function of great constitutional significance. The District is thus not considered a state for the purposes of contingent election, and its Delegate to Congress would therefore not participate in the contingent election of either the President or Vice President. 75 ) would be present for a contingent election. Instead of each state casting a single vote, each Representative would cast one vote. A popular third party or independent candidacy, however, has always had the potential of disrupting this traditional rhythm.
The 12th Amendment to the Constitution requires that presidential and vice presidential candidates gain "a majority of the whole number of Electors appointed" in order to win election. With a total of 538 electors representing the 50 states and the District of Columbia, 270 electoral votes is the "magic number," the arithmetic majority necessary to win the presidency.
What would happen if no candidate won a majority of electoral votes? In these circumstances, the 12th Amendment also provides that the House of Representatives would elect the President, and the Senate would elect the Vice President, in a procedure known as "contingent election." Contingent election has been implemented twice in the nation's history under the 12th Amendment: first, to elect the President in 1825, and second, the Vice President in 1837.
In a contingent election, the House would choose among the three candidates who received the most electoral votes. Each state, regardless of population, casts a single vote for President in a contingent election. Representatives of states with two or more Representatives would therefore need to conduct an internal poll within their state delegation to decide which candidate would receive the state's single vote. A majority of state votes, 26 or more, is required to elect, and the House must vote "immediately" and "by ballot." Additional precedents exist from 1825, but they would not be binding on the House in a contemporary election. In a contingent election, the Senate elects the Vice President, choosing one of the two candidates who received the most electoral votes. Each Senator casts a single vote, and the votes of a majority of the whole Senate, 51 or more, are necessary to elect. The District of Columbia, which is not a state, would not participate in a contingent election, despite the fact that it casts three electoral votes.
Although contingent election has been implemented only once each for President and Vice President since the 12th Amendment was ratified, the failure to win an electoral college majority is a potential outcome in any presidential election. Some examples include an election closely contested by two major candidates, one in which one or more third-party or independent candidacies might win a portion of the electoral vote, or one involving defections by a significant number of so-called "faithless" electors.
A contingent election would be conducted by a newly elected Congress, immediately following the joint congressional session that counts and certifies electoral votes. This session is set by law for January 6 of the year following the presidential election, but is occasionally rescheduled. If the House is unable to elect a President by the January 20 inauguration day, the 20th Amendment provides that the Vice President-elect would act as President until the impasse is resolved. If neither a President nor Vice President has been chosen by inauguration day, the Presidential Succession Act applies, under which the Speaker of the House of Representatives, the President pro tempore of the Senate, or a Cabinet officer, in that order, would act as President until a President or Vice President qualifies.
A contingent election would require Congress to consider and discharge functions of great constitutional significance, which could be complicated by a protracted and contentious political struggle that might stem from an electoral college deadlock. This report provides an examination of constitutional requirements and historical precedents associated with contingent election. It also identifies and evaluates contemporary issues that might emerge in the modern context.