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 Terms on Energy-Saving Light Bulbs Mean?

Scott Olson, Getty Images
Scott Olson, Getty Images

There's a reason your parents used to scold you for not turning off a light when you left a room. According to the U.S. Department of Energy, an average American household uses up to 5 percent of their total energy expenditure on lighting. Living rooms get flooded with light. Dining rooms and dens are full of lighting accents. Motion lights, hallway lights, bathroom vanity lights, lamps—we like our lives to be nice and bright.

Fortunately, energy-saving lighting sources have largely replaced the conventional incandescent bulbs that once used up a substantial amount of power. Those bulbs heated up a coil, or filament, of tungsten wire that gave off light. Roughly 90 percent of the energy they passed on was in the form of heat, which siphoned off energy and kept utility bills inflated. Today's bulbs brighten without the waste. That's the good news. The bad? The varieties of bulbs can be confusing. If you've ever been lost in the fixtures section of the hardware store, here's a quick primer on what these terms mean.

Halogen Incandescent:

These are incandescent light bulbs that contain a halogen gas-filled capsule around the filament to help increase energy efficiency. While cheaper to operate than a conventional incandescent bulb—they use 25 to 30 percent less energy—they don't produce as much of a cost savings as other options. On the plus side, they reach full brightness immediately. Other choices may take time to warm up.

Compact Florescent Lamp (CFL):

When you see a coiled light bulb, it’s likely to be a CFL, which is simply a downsized version of the tubular florescent lighting seen in commercial spaces. Instead of an electric current traveling through a filament like in an incandescent bulb, the current goes through a tube containing argon and mercury vapor. The resulting ultraviolet light activates phosphor inside the tube, which emits light. It uses one-third of the energy of a halogen incandescent. The downside? They can take a little time to warm up, especially if used outdoors. They also contain mercury, a potential health hazard if the bulb breaks. (See the "mercury" entry below.)

Light Emitting Diode (LED):

This type of bulb uses a semiconductor to convert electricity into light. In addition to being energy-efficient, they usually last eight to 25 times longer than halogen incandescent bulbs and four to eight times longer than CFLs—perhaps as long as 18 to 46 years. You'll probably pay more up front, but the expense is offset by their durability. Most LEDs are compatible with dimming switches, too. Most CFLs aren't, so if that's important to you, you'll want to stick with LED.

Energy Star:

A bulb with an Energy Star label was evaluated by a third party to make sure its energy-saving claims are accurate, and they'll typically have a longer warranty than bulbs without the endorsement.

But what about the "nutritional label" style information box that appears on light bulb packaging? Let's take a closer look.

An example of a label that appears on energy-efficient light bulb packaging is pictured
Federal Trade Commission

Brightness:

You have probably inferred that brightness refers to the light output given off by a bulb. This is measured in lumens and rounded off to the nearest five. (A bulb will never be 822 lumens. It's 820.) The higher the number, the brighter the bulb. Since you're probably used to shopping by wattage, consider that a bulb with 800 lumens is roughly the equivalent of a 60-watt incandescent. A 1100 lumen bulb will resemble a 75-watt bulb.

Estimated Energy Cost:

This is a rough estimate of much it will cost an average household to operate the bulb. What's average? The wattage of the bulb is calculated with three hours of daily operation at a cost of 11 cents per kilowatt. Your actual cost will go up or down whether you use it more or less or pay your energy supplier a different amount.

Life:

This is how long the bulb is expected to last based on the same usage estimated for the energy cost and rounded to the nearest tenth of a year.

Light Appearance:

This refers to the color temperature of the bulb measured in Kelvin, a temperature scale measuring light color. The range is from 2600 K (yellow and warm) to 6600 K (blue and cool). Bright white is about 3500 K. You should probably avoid anything above 3000 K for any interior room.

Energy Used:

This is how much energy the bulb will require and is measured in watts. The lower the wattage, the cheaper it costs to operate. This is where the energy savings materializes, as a 10-watt LED bulb may give off as much light as an old 60-watt incandescent.

Color Rendering Index (CRI):

It's not on all bulb packaging, but if you see it, it refers to how accurate colors will appear under the bulb's light on a scale of 0 to 100. Halogen incandescent bulbs score high. CFLs and LEDs aren't quite as accurate, though they may still get the job done. Try to get a high CRI if you'll be using the bulbs in a bathroom, as skin tone can appear off with lower CRI numbers.

Mercury:

You might see some CFL bulb packaging with a mercury disclosure. This isn't an issue if the bulb remains intact, but if it breaks, it might release potentially hazardous mercury vapor and the introduce the very small possibility of mercury poisoning. Avoid using CFL bulbs in kids' rooms if there's potential for knocking over a lamp or light. Broken bulbs that contain mercury should be cleaned up by following Environmental Protection Agency guidelines—picked up with tape, not vacuumed—and disposed of properly. Old bulbs should be recycled.

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.

This story was updated in 2019.

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