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Said by Daniel Cameron, AG of Kentucky

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Following is from history.house.gov about how to handle when it can’t be determined who won the popular vote. Even just 3 states having indeterminate voting threw the election to HoR.

Contingent Elections In the case of an Electoral College deadlock or if no candidate receives the majority of votes, a “contingent election” is held. The election of the President goes to the House of Representatives. Each state delegation casts one vote for one of the top three contenders to determine a winner.

Only two Presidential elections (1800 and 1824) have been decided in the House. Though not officially a contingent election, in 1876, South Carolina, Florida, and Louisiana submitted certificates of elections for both candidates. A bipartisan commission of Representatives, Senators, and Supreme Court Justices, reviewed the ballots and awarded all three state’s electoral votes to Rutherford B. Hayes of Ohio, who won the presidency by a single electoral vote.

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