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.”

What Do the Numbers and Letters on a Boarding Pass Mean?

iStock.com/Laurence Dutton
iStock.com/Laurence Dutton

Picture this: You're about to embark on a vacation or business trip, and you have to fly to reach your destination. You get to the airport, make it through the security checkpoint, and breathe a sigh of relief. What do you do next? After putting your shoes back on, you'll probably look at your boarding pass to double-check your gate number and boarding time. You might scan the information screen for your flight number to see if your plane will arrive on schedule, and at some point before boarding, you'll also probably check your zone and seat numbers.

Aside from these key nuggets of information, the other letters and numbers on your boarding pass might seem like gobbledygook. If you find this layout confusing, you're not the only one. Designer and creative director Tyler Thompson once commented that it was almost as if "someone put on a blindfold, drank a fifth of whiskey, spun around 100 times, got kicked in the face by a mule … and then just started puking numbers and letters onto the boarding pass at random."

Of course, these seemingly secret codes aren't exactly secret, and they aren't random either. So let's break it down, starting with the six-character code you'll see somewhere on your boarding pass. This is your Passenger Name Reference (or PNR for short). On some boarding passes—like the one shown below—it may be referred to as a record locator or reservation code.

A boarding pass
Piergiuliano Chesi, Wikimedia Commons // Public domain

These alphanumeric codes are randomly generated, but they're also unique to your personal travel itinerary. They give airlines access to key information about your contact information and reservation—even your meal preferences. This is why it's ill-advised to post a photo of your boarding pass to social media while waiting at your airport gate. A hacker could theoretically use that PNR to access your account, and from there they could claim your frequent flier miles, change your flight details, or cancel your trip altogether.

You might also see a random standalone letter on your boarding pass. This references your booking class. "A" and "F," for instance, are typically used for first-class seats. The letter "Y" generally stands for economy class, while "Q" is an economy ticket purchased at a discounted rate. If you see a "B" you might be in luck—it means you could be eligible for a seat upgrade.

There might be other letters, too. "S/O," which is short for stopover, means you have a layover that lasts longer than four hours in the U.S. or more than 24 hours in another country. Likewise, "STPC" means "stopover paid by carrier," so you'll likely be put up in a hotel free of charge. Score!

One code you probably don’t want to see is "SSSS," which means your chances of getting stopped by TSA agents for a "Secondary Security Screening Selection" are high. For whatever reason, you've been identified as a higher security risk. This could be because you've booked last-minute or international one-way flights, or perhaps you've traveled to a "high-risk country." It could also be completely random.

Still confused? For a visual of what that all these codes look like on a boarding pass, check out this helpful infographic published by Lifehacker.

Have you got a Big Question you'd like us to answer? If so, send it to bigquestions@mentalfloss.com.

Does Having Allergies Mean That You Have A Decreased Immunity?

iStock.com/PeopleImages
iStock.com/PeopleImages

Tirumalai Kamala:

No, allergy isn't a sign of decreased immunity. It is a specific type of immune dysregulation. Autoimmunity, inflammatory disorders such as IBS and IBD, and even cancer are examples of other types of immune dysregulation.

Quality and target of immune responses and not their strength is the core issue in allergy. Let's see how.

—Allergens—substances known to induce allergy—are common. Some such as house dust mite and pollen are even ubiquitous.
—Everyone is exposed to allergens yet only a relative handful are clinically diagnosed with allergy.
—Thus allergens don't inherently trigger allergy. They can but only in those predisposed to allergy, not in everyone.
—Each allergic person makes pathological immune responses to not all but to only one or a few structurally related allergens while the non-allergic don't.
—Those diagnosed with allergy aren't necessarily more susceptible to other diseases.

If the immune response of each allergic person is selectively distorted when responding to specific allergens, what makes someone allergic? Obviously a mix of genetic and environmental factors.

[The] thing is allergy prevalence has spiked in recent decades, especially in developed countries, [which is] too short a time period for purely genetic mutation-based changes to be the sole cause, since that would take multiple generations to have such a population-wide effect. That tilts the balance towards environmental change, but what specifically?

Starting in the 1960s, epidemiologists began reporting a link between infections and allergy—[the] more infections in childhood, [the] less the allergy risk [this is called hygiene hypothesis]. Back then, microbiota weren't even a consideration but now we have learned better, so the hygiene hypothesis has expanded to include them.

Essentially, the idea is that the current Western style of living that rapidly developed over the 20th century fundamentally and dramatically reduced lifetime, and, crucially, early life exposure to environmental microorganisms, many of which would have normally become part of an individual's gut microbiota after they were born.

How could gut microbiota composition changes lead to selective allergies in specific individuals? Genetic predisposition should be taken as a given. However, natural history suggests that such predisposition transitioned to a full fledged clinical condition much more rarely in times past.

Let's briefly consider how that equation might have fundamentally changed in recent times. Consider indoor sanitation, piped chlorinated water, C-sections, milk formula, ultra-processed foods, lack of regular contact with farm animals (as a surrogate for nature) and profligate, ubiquitous, even excessive use of antimicrobial products such as antibiotics, to name just a few important factors.

Though some of these were beneficial in their own way, epidemiological data now suggests that such innovations in living conditions also disrupted the intimate association with the natural world that had been the norm for human societies since time immemorial. In the process such dramatic changes appear to have profoundly reduced human gut microbiota diversity among many, mostly in developed countries.

Unbeknownst to us, an epidemic of absence*, as Moises Velasquez-Manoff evocatively puts it, has thus been invisibly taking place across many human societies over the 20th century in lock-step with specific changes in living standards.

Such sudden and profound reduction in gut microbiota diversity thus emerges as the trigger that flips the normally hidden predisposition in some into clinically overt allergy. Actual mechanics of the process remain the subject of active research.

We (my colleague and I) propose a novel predictive mechanism for how disruption of regulatory T cell** function serves as the decisive and non-negotiable link between loss of specific microbiota and inflammatory disorders such as allergies. Time (and supporting data) will tell if we are right.

* An Epidemic of Absence: A New Way of Understanding Allergies and Autoimmune Diseases Reprint, Moises Velasquez-Manoff

** a small indispensable subset of CD4+ T cells.

This post originally appeared on Quora. Click here to view.

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