What would happen if two candidates tied in a States popular vote, or there was a dispute as to the winner?
A tie is a statistically remote possibility even in smaller States. But if a State’s popular vote were to come out as a tie between candidates, State law would govern as to what procedure would be followed in breaking the tie. A tie would not be known of until late November or early December, after a recount and after the Secretary of State had certified the election results. Federal law would allow a State to hold a run-off election. A very close finish could also result in a run-off election or legal action to decide the winner. Under Federal law (3 U.S.C. section 5), State law governs on this issue, and would be conclusive in determining the selection of Electors. The law provides that if States have laws to determine controversies or contests as to the selection of Electors, those determinations must be completed six days prior to the day the Electors meet.
Related Questions
- Why aren’t the vote totals for write-in candidates included on the Secretary of State’s Election Results website?
- What would happen if two candidates tied in a States popular vote, or there was a dispute as to the winner?
- Doesn’t the Electoral College prevent third-party candidates winning with a low share of the popular vote?
