If no candidate for President gains a majority, then the House votes "immediately, by ballot" for President (contingent election), choosing from among the three candidates who received the most electoral votes. If the House is unable to elect prior to expiration of the presidential term (January 20 since ratification of the 20 th Amendment), then the Vice President, assuming one has been elected, serves as Acting President until a President is chosen. If no candidate for Vice President receives a majority of electoral votes, then the Senate elects, choosing between the two candidates receiving the most electoral votes. The votes of a majority of the whole Senate (51 or more at present) are necessary to elect the Vice President. The same sentence prescribes election "by ballot." The vote must be taken by states, with each state casting a single vote, again by a secret paper ballot. Finally, the votes of a majority of states, 26 of the present total of 50, is necessary to elect the President. A summary of these rules, which were drawn up by a select House committee consisting of one Representative from each state, follows. If one candidate received a majority of votes cast in the state delegation in the first round, the state vote was cast for that candidate in the second round. It should be noted again that these decisions applied only to the rules under which the House of Representatives conducted contingent election of the President in 1825; although they would provide a reference for the House in any future application of the contingent election process, they would not be prescriptive, and could be subject to different interpretations. Contingent Election in 1825: Representatives Debate Their Options

Spirited debate as to the nature and requirements of contingent election preceded the actual vote in 1825. Contingent Election of the Vice President in 18377

Procedures adopted by the Senate in 1837 differed from those of the House in 1825, and were simpler. Section 3 restates 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. The Presidential Succession Act, among other effects, reinforces this safeguard by naming the Speaker of the House of Representatives to serve as Acting President in such situations (i.e., neither a President nor Vice President has qualified) or, alternatively, the President pro tempore of the Senate in the event the Speaker is ineligible, or declines, or the speakership is vacant. Thus, the District would not participate in the election, despite the fact that its citizens cast both popular and electoral votes for President and Vice President. Recent Legislative Proposals

Near the end of the 108 th Congress, Representative Brad Sherman introduced H.J.Res. 113 , a proposed constitutional amendment, on November 18, 2004. Section 1 of his proposal would alter the formula for electing the President under contingent election. The person receiving the greater number of votes would be elected, provided that this number constituted a majority of votes cast. Moreover, it could be noted that the amendment does not alter existing vice-presidential election procedures in the Senate, which would continue to incorporate the concept of state equality, given the fact that each Senator casts a single vote. 113 was referred to the House Committee on the Judiciary on November 18, 2004. No further action was taken before the 108 th Congress adjourned.
The 12 th Amendment to the Constitution requires that candidates for President and Vice President receive a majority of electoral votes (currently 270 or more of a total of 538) to be elected. If no candidate receives a majority, the President is elected by the House of Representatives (which occurred once, in 1825), and the Vice President is elected by the Senate (which also occurred once, in 1837). This process is known as contingent election.
The 12 th Amendment prescribes some contingent election procedures for the President: the President is elected from among the three candidates who received the most electoral votes; each state casts a single vote for President; a majority (26 or more) state votes is required to elect a President; the House must vote "immediately" to the exclusion of all other business, and by secret paper ballot. In cases where a state has only one Representative, that Member would decide the state vote. For other procedures, precedents exist from the contingent election rules for 1825, as drawn up by a select committee established for that purpose. In 1825, the House decided that a majority of votes of Representatives in each state delegation was required to cast the state vote for a particular candidate, or the state vote would registered as "divided" and not credited to any candidate. These decisions reached in 1825 would be precedential, but not binding, in future contingent elections.
The Senate elects the Vice President under contingent election procedures. It chooses from among the two candidates who received the most electoral votes, with each Senator casting a single vote. A majority of the whole Senate, (51 or more), is necessary to elect. Precedent suggests that, unlike the House, the Senate would choose the Vice President by voice vote.
The District of Columbia does not participate in contingent election of either the President or Vice President.
Contingent election would be conducted by the newly elected Congress immediately following the January 6 joint electoral vote count session. If the House is unable to elect a President by January 20 (when the new presidential and vice presidential terms begin), the Vice President-elect serves as Acting President until the impasse is resolved. If the Senate is unable to elect a Vice President by January 20, then the Speaker of the House serves as Acting President.
In the 108 th Congress, Representative Brad Sherman introduced H.J.Res. 113 , a proposed constitutional amendment that would revise voting procedures for President in a contingent election. Under the proposed amendment, Representatives would cast votes on an individual basis; the candidate who received the greatest number of votes, provided it was a majority of votes cast, would be elected President. The resolution was referred to the House Committee on the Judiciary, which took no further action before the House adjourned.
This report will be updated if events warrant.