What Happens if the Electoral College Ties?

Joe Raedle/Getty Images
Joe Raedle/Getty Images

If there is a tie in the Electoral College, the race for president gets sent to the House of Representatives, where the top three candidates are decided by each state’s delegation as a statewide block. As a state, the representatives decide on a candidate to vote for and, after much politicking, one candidate eventually gets a majority of states and becomes president. For vice presidents it’s a little simpler: it’s only the top two candidates, each senator gets a vote, and whoever gets the majority of Senate votes wins.

Now that that’s been dealt with, how did we get to this odd scenario? And are there any ways that it can be made odder?

A LITTLE BACKGROUND

First, as a matter of clarification, the result in November is just a guideline; the real action is in December, when the Electoral College votes. While it would be a political crisis if the Electoral College completely disregarded the will of the people, it’s not impossible. Only around half of the states plus Washington, D.C. have laws that explicitly say an elector has to vote for their state’s winning candidate. And among those states the laws vary wildly.

In North Carolina, for example, failure to vote for the correct candidate results in a $500 fine and the elector is automatically removed, doesn’t have a vote recorded, and a new elector is put in place. In New Mexico, it’s a fourth-degree felony for an elector to vote for a different candidate, but there’s no provision for canceling the vote. And Ohio just has it as a vague "it’s illegal." The Supreme Court has never ruled on the constitutionality of these restrictions, as it has never really mattered and electors tend to be party faithful anyway. But for the following scenarios, it’s important to keep in mind:

Our current system is the result of the 12th Amendment, which grew out of the disastrous election of 1800. Article II of the Constitution says that each elector needs to cast two votes and the candidate with the most electoral votes wins, while second place gets the vice presidency. In 1800, the Federalist Adams/Pinckney ticket was up against the Democratic-Republicans’ Jefferson/Burr. The Federalists recognized the inherent problem with the then-current rules and gave one electoral vote to John Jay (who wasn’t even a candidate), so that Adams would have one more vote than Pinckney. However, the victorious Democratic-Republicans messed that part up and gave Jefferson and Burr the same number of votes, sending it to the House to decide which one of them would be president.

Thirty-six ballots and a truly ridiculous amount of politicking later, Jefferson was finally elected president and Burr vice president. But the flaws in the Constitution were beginning to show, and the 12th Amendment was ratified just in time for the next presidential election. The 12th Amendment changed it so that electors voted for a president and a vice president, as opposed to two presidential ballots. It also created the modern rules for tie-breaking.

WHAT HISTORY CAN TELL US

In the entire history of the country, the Electoral College has only failed to come to an agreement twice, once for president and once for vice president. Weirdly however, they were in two different elections.

The 1836 election pitted Martin Van Buren against a supergroup of Whig opponents specially picked to appeal to specific regions. The plan was to prevent Van Buren from getting a majority in any region so that the House would make the decision. It didn’t work and Van Buren won; but when it came time to count the electoral votes, Van Buren’s running mate, Richard Johnson, was one vote short of a majority. The entire Virginia delegation had cast their presidential votes for Van Buren and their vice presidential ballots for a different candidate. The election went to the Senate, which picked Johnson in a party line vote.

In 1824, Andrew Jackson won a plurality in both the popular vote and the Electoral College, but not a majority. When it got to the House, they chose second place John Quincy Adams to be president. Accusations immediately started flying that Adams had secured the support of Speaker of the House Henry Clay, who had come in fourth in the race and was thus ineligible to be chosen, in exchange for an appointment as Secretary of State. As for the vice presidency? John Calhoun has been described by one historian as “everybody’s second choice” and won Electoral College votes from all sides of the political spectrum, dominating his vice presidential opponents.

WHAT IF THERE’S NO TIE ON ELECTION DAY?

Waking up on Wednesday morning, the newspapers blare "We have a winner!" But that’s not the end of the story.

After the contentious 2000 election, with Bush sitting on 271 electoral votes and Gore with 267, there were reports and conspiracy theories of Gore and Democrat consultants trying to flip three electors (for their part, the Gore campaign disavowed the endeavor). This didn’t happen (and actually one Gore elector abstained, giving Gore 266 votes), but the fact that it was even tossed around as an idea shows that the Electoral College could in theory make up their own minds regardless of the actual results.

In 1988, it was George H.W. Bush vs. Michael Dukakis and his running mate Lloyd Bentsen. Bush won in a landslide, but one elector flipped their ballot and voted Bentsen president and Dukakis vice president, giving Bentsen one electoral vote for president (the elector, Margarette Leach of West Virginia, did it to protest the Electoral College).

It was inconsequential because the vote was a landslide. But what if it wasn’t and the election was tied?

The Constitution says “if no person [has an electoral majority], then from the persons having the highest numbers not exceeding three on the list of those voted for as president” shall the House pick the president. In a no-Electoral College-majority election, the Dukakis-Bentsen flip would have resulted in the House choosing between the top three presidential electoral vote getters—Bush, Dukakis, and Bentsen. In that case, it wouldn’t be impossible for the House to decide Bentsen as winner. And although constitutional scholars doubt whether the system would allow such a scenario to take place, Bentsen could in theory also be a vice presidential candidate (the 12th Amendment has the Senate pick between the top two vice presidential vote-getters, so Dukakis would be out).

The Electoral College doesn’t need to go down the route of people anyone has actually “voted for”’ either. In 1972, one elector cast a vote for the Libertarians, despite them only getting 3674 popular votes in the entire country. But at least they were running for president. In 1976, the two main candidates were Gerald Ford and Jimmy Carter, with Bob Dole and Walter Mondale as the respective VPs. Carter/Mondale walked away from election night the winners with 297 electoral votes to Ford/Dole’s 241. But after the Electoral College met, Ford only got 240. This wasn’t a repeat of Gore’s missing electoral vote or the Dukakis flip—Dole still got 241.

One Washington state (which Ford won) elector voted Ronald Reagan for president, Dole for vice president (Reagan would later tell the elector, Mike Padden, “Boy, we sure gave 'em a go in '76. It came so close”), which illustrates that the Electoral College can pick anyone. And the Bentsen elector actually said, “If 270 women got together on the Electoral College we could have had a woman president.”

Why is Friday the 13th Considered Unlucky?

iStock
iStock

Today, people around the globe will feel uneasy about getting out of bed, leaving their homes, or going about their normal daily routines, all because of a superstition. These unfortunate folks suffer from paraskavedekatriaphobia, a common neurosis familiar to us all: the fear of Friday the 13th. But just where did this superstitious association come from, and how did it catch on?

The truth is that no one is absolutely sure where the idea that Friday the 13th is unlucky originated. Donald Dossey, the founder of the Stress Management Center and Phobia Institute in Asheville, North Carolina, suspects the fear can be traced back to a Norse myth about 12 gods who had a dinner at Valhalla—the fabled hall where legendary Norse heroes feasted for eternity after they died—that was interrupted by a 13th guest, the evil and mischievous god Loki.

According to legend, Loki tricked Höðr (the blind god of winter and son of Odin, the supreme god in Norse mythology) into shooting his brother Baldr (the benevolent god of summer who was also a son of Odin) with a magical spear tipped with mistletoe—the only substance that could defeat him. Thus the number 13 was branded as unlucky because of the ominous period of mourning following the loss of such powerful gods by this unwanted 13th guest.

For whatever reason, among many cultures, the number 12 emerged throughout history as a "complete" number: There are 12 months in a year, 12 signs of the zodiac, 12 Gods of Olympus, 12 sons of Odin, 12 labors of Hercules, 12 Jyotirlingas or Hindu shrines where Shiva is worshipped, 12 successors of Muhammad in Shia Islam, and 12 tribes of Israel. In Christianity, Jesus was betrayed by one of his 12 Apostles—Judas—who was the 13th guest to arrive for the Last Supper. Surpassing the number 12 ostensibly unbalances the ideal nature of things; because it is seen as irregular and disrespectful of a sense of perfection, the number 13 bears the stigma of misfortune and bad luck we know today.

WHY FRIDAY?

Friday joins in the mix mostly because all of the early accounts of Jesus’s crucifixion agree that it took place on Friday—the standard day for crucifixions in Rome. As Chaucer noted in The Canterbury Tales, "And on a Friday fell all this mischance." Yet perpetuating Friday as an unlucky day in America came from the late 19th-century American tradition of holding all executions on Fridays; Friday the 13th became the unluckiest of days simply because it combined two distinct superstitions into one. According to the Oxford University Press Dictionary of Superstitions, the first reference to Friday the 13th itself wasn’t until 1913. (So despite actually occurring on Friday, October 13, 1307, the popular notion that the Friday the 13th stigma comes from the date on which the famed order of the Knights Templar were wiped out by King Philip of France is just a coincidence.)

The repercussions of these phobias reverberated through American culture, particularly in the 20th century. Most skyscrapers and hotels lack a 13th floor, which specifically comes from the tendency in the early 1900s for buildings in New York City to omit the unlucky number (though the Empire State Building has a 13th floor). Some street addresses also skip from 12 to 14, while airports may skip the 13th gate. Allegedly, the popular Friday the 13th films were so-named just to cash in on this menacing date recognition, not because the filmmakers actually believed the date to be unlucky.

So, is Friday the 13th actually unlucky? Despite centuries of superstitious behavior, it largely seems like psychological mumbo jumbo. One 1993 study seemed to reveal that, statistically speaking, Friday the 13th is unlucky, but the study's authors told LiveScience that though the data was accurate, "the paper was just a bit of fun and not to be taken seriously." Other studies have shown no correlation between things like increased accidents or injuries and Friday the 13th.

And Friday the 13th isn't a big deal in other cultures, which have their own unlucky days: Greeks and Spanish-speaking countries consider Tuesday the 13th to be the unluckiest day, while Italians steer clear of Friday the 17th. So today, try to rest a little easy—Friday the 13th may not be so unlucky after all.

Additional Source: 13: The Story of the World’s Most Popular Superstition.

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Does the Full Moon Really Make People Act Crazy?

iStock.com/voraorn
iStock.com/voraorn

Along with Mercury in retrograde, the full moon is a pretty popular scapegoat for bad luck and bizarre behavior. Encounter someone acting strangely? Blame it on the lunar phases! It's said that crime rates increase and emergency rooms are much busier during the full moon (though a 2004 study debunked this claim). Plus, there's that whole werewolf thing. Why would this be? The reasoning is that the moon, which affects the ocean's tides, probably exerts a similar effect on us, because the human body is made mostly of water.

This belief that the moon influences behavior is so widely held—reportedly, even 80 percent of nurses and 64 percent of doctors think it's true, according to a 1987 paper published in the Journal of Emergency Medicine [PDF]—that in 2012 a team of researchers at Université Laval's School of Psychology in Canada decided to find out if mental illness and the phases of the moon are linked [PDF].

To test the theory, the researchers evaluated 771 patients who visited emergency rooms at two hospitals in Montreal between March 2005 and April 2008. The patients chosen complained of chest pains, which doctors could not determine a medical cause for the pains. Many of the patients suffered from panic attacks, anxiety and mood disorders, or suicidal thoughts.

When the researchers compared the time of the visits to the phases of the moon, they found that there was no link between the incidence of psychological problems and the four lunar phases, with one exception: in the last lunar quarter, anxiety disorders were 32 percent less frequent. "This may be coincidental or due to factors we did not take into account," Dr. Geneviève Belleville, who directed the team of researchers, said. "But one thing is certain: we observed no full-moon or new-moon effect on psychological problems."

So rest easy (or maybe not): If people seem to act crazy during the full moon, their behavior is likely pretty similar during the rest of the lunar cycle as well.

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