who elects the president should the electoral college fail to do so

1 answer

If the Electoral College fails to elect a president, the decision moves to the House of Representatives. According to the 12th Amendment of the U.S. Constitution, the House elects the president from among the top three candidates who received the most electoral votes. Each state delegation in the House has one vote, and a candidate must receive a majority of the state delegation votes to be elected president.

If the House of Representatives is unable to elect a president by Inauguration Day (January 20), the 20th Amendment specifies that the vice president-elect would act as president until the House elects a president. If both the president and vice president are not elected, the line of succession as outlined in the Presidential Succession Act would come into play.