<P> Under the United States Constitution as it then stood , each elector cast two votes , and the candidate with a majority of the votes was elected president , with the vice presidency going to the runner - up . The Federalists therefore arranged for one of their electors to vote for John Jay rather than for Pinckney . The Democratic - Republicans had a similar plan to have one of their electors cast a vote for another candidate instead of Burr , but failed to execute it , thus all of the Democratic - Republican electors cast their votes for both Jefferson and Burr , 73 in all for each of them . According to a provision of the United States Constitution , a tie in a case of this type had to be resolved by the House of Representatives , with each state casting one vote . Although the congressional election of 1800 turned over majority control of the House of Representatives to the Democratic - Republicans by 65 seats to 35 , the presidential election had to be decided by the outgoing House that had been elected in the congressional election of 1798 ( at that time , the new presidential and congressional terms all started on March 4 of the year after a national election ) . In the outgoing House , the Federalists retained a majority of 90 seats to 54 . </P>
<P> Under the United States Constitution as it then stood , each elector cast two votes , and the candidate with a majority of the votes was elected president , with the vice presidency going to the runner - up . The Federalists therefore arranged for one of their electors to vote for John Jay rather than for Pinckney . The Democratic - Republicans had a similar plan to have one of their electors cast a vote for another candidate instead of Burr , but failed to execute it , thus all of the Democratic - Republican electors cast their votes for both Jefferson and Burr , 73 in all for each of them . According to a provision of the United States Constitution , a tie in a case of this type had to be resolved by the House of Representatives , with each state casting one vote . Although the congressional election of 1800 turned over majority control of the House of Representatives to the Democratic - Republicans by 65 seats to 35 , the presidential election had to be decided by the outgoing House that had been elected in the congressional election of 1798 ( at that time , the new presidential and congressional terms all started on March 4 of the year after a national election ) . In the outgoing House , the Federalists retained a majority of 90 seats to 54 . </P>
who broke the tie in the election of 1800
who broke the tie in the election of 1800
the House of Representatives
the House of Representatives