Both the house and senate have to agree to use 3 usc 15. The law guides how the vice president counts the votes and breaks senate vs house electoral disputes using the governor of that particular state. It has been ratified by unanimous consent every 4 years since 1876. In 1876 the Republicans would win a contingent election and controlled the senate and the governorships. They forced the Democrat house of representatives into 3 usc 15 or there would be a contingent election. The demonrats countered with threats of civil war, but settled for 3 usc 15 on the condition that reconstruction would end and union troops recalled.

In modern times, The turtle wants to lead the minority and will not rock the precedent boat