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| House contingent election | |
|---|---|
| Name | House contingent election |
| Type | Constitutional procedure |
| Status | Active |
House contingent election
A House contingent election is the procedure by which the United States House of Representatives selects a President when no presidential candidate receives a majority of the electoral votes under the Twelfth Amendment. It operates at the intersection of the United States Constitution, historical practice in the United States Congress, and major controversies involving figures such as Thomas Jefferson, John Quincy Adams, Andrew Jackson, and Abraham Lincoln. The mechanism has influenced debates about the Electoral College, presidential succession, and proposals from reformers like supporters of the National Popular Vote Interstate Compact.
The origin of the contingent selection is rooted in the Twelfth Amendment (ratified 1804) which revised procedures after the 1800 election dispute involving Thomas Jefferson and Aaron Burr. The Amendment directs the United States Congress to have the United States House of Representatives choose among the top three electoral vote recipients if no candidate attains a majority, a change from provisions in the original United States Constitution connected to controversies during the First Party System and electoral practices tied to the Articles of Confederation era. Debates over the Amendment involved figures like James Madison, Alexander Hamilton, and members of the Federalist Party opposing the emergent Democratic-Republican Party.
Contingent choices have occurred in U.S. history, most prominently the 1800 contingent election resolved with Thomas Jefferson after repeated ballots, and the 1824 election where the House chose John Quincy Adams over Andrew Jackson despite Jackson's plurality in the popular vote and plurality of electoral vote. The 1824 outcome produced the so-called "Corrupt Bargain" accusation involving Henry Clay and reshaped the Second Party System leading to the rise of the Democratic Party under Andrew Jackson. Other near-contingent outcomes include the Election of 1876 dispute involving Rutherford B. Hayes and Samuel J. Tilden that relied on the Electoral Commission and the Compromise of 1877 rather than a House contingent vote.
Under the Twelfth Amendment and subsequent House of Representatives practice, each state delegation in the House casts one vote among the top three electoral vote recipients, with a majority of states required to choose the President; if no choice is made, the House continues voting. The procedure implicates House rules set by the House leadership and the Committee on House Administration, parliamentary precedent from the Congressional Record, and historical practices from sessions in the Old Congress and New Congress eras. The determination of "state delegation" involves members from states such as New York, Pennsylvania, Virginia, Massachusetts, and considerations tied to changes from apportionment after the United States census.
While the House selects the President in a contingent election, the United States Senate elects the Vice President from the top two electoral vote recipients if no vice-presidential candidate attains a majority. The Vice President of the United States presides over the Senate and the Joint Session of Congress for electoral vote counting under the Twelfth Amendment and statutes such as the Electoral Count Act of 1887. The interaction between the House process and Senate action has been a focal point in constitutional analyses by scholars referencing institutions like the Supreme Court of the United States and commentators affiliated with think tanks such as the Brookings Institution and the Heritage Foundation.
Contingent elections raise issues about democratic legitimacy, federalism, and partisan strategy involving actors like the Democratic National Committee and the Republican National Committee. Legal debates have engaged scholars citing the Federalist Papers, decisions by the Supreme Court of the United States on election law, and statutory frameworks like the Electoral Count Act of 1887. Contention surrounds questions of faithless elector norms, the interpretation of "majority" in the Electoral College, and potential litigation in courts such as the United States Court of Appeals or the Supreme Court should disputes arise during a contingent process.
Major controversies include the 1824 contest that produced widespread partisan realignment and accusations against John Quincy Adams and Henry Clay, the 1876 crisis resolved by the Electoral Commission and the Compromise of 1877, and modern hypotheticals debated during the 2000 election between George W. Bush and Al Gore and the 2016 election involving Donald Trump and Hillary Clinton. Political operatives and scholars in institutions like the League of Women Voters, American Civil Liberties Union, and law schools at Harvard University and Yale University have speculated on contingent scenarios and legislative remedies.
Reform proposals include abolition of the Electoral College via constitutional amendment championed by activists linked to groups such as the League of Women Voters, adoption of the National Popular Vote Interstate Compact coordinated by state legislatures in states like California, New York, and Illinois, or statutory clarifications to the Electoral Count Act of 1887. Scholars at institutions like the Brennan Center for Justice, Cato Institute, and the Carnegie Endowment for International Peace have advanced policy briefs recommending alternatives including ranked-choice voting reforms promoted by advocates in Maine and elsewhere, interstate agreements consistent with precedents from the Constitutional Convention and debates in the United States Congress.
Category:United States presidential elections