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What happens if both the Electoral College and the Senate finish in a tie?

We know that, in this case, the House will elect the President, which would almost certainly lead to a President Romney. But what about the Senate's election of the VP?

If the Senate is tied, by normal rules, this would leave VP Biden with the tie-breaking vote on determining his own job. Would this rule still apply, or would the clear conflict of interest force him to give up this vote (either by some rule or sheer public pressure)? If it does, does President Romney simply nominate a VP and hope to get him approved by the Senate? Or would America simply go for four years without a VP?

Update:

Assume, for the sake of the discussion, that all electors and senators vote along party lines.

Update 2:

A few of you have been correct to point out that the House of Representatives will elect the President. However, it is the Senate that will elect the Vice President, and it's this side of the executive branch in which I'm particularly interested.

Update 3:

John JS: I was under the impression that the electoral votes were formally counted after the new Congress has been sworn in, so the composition of the current Senate would not be relevant. Do I understand this correctly?

12 Answers

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  • BDOLE
    Lv 6
    9 years ago
    Favorite Answer

    Biden would be permitted to vote himself in as VP. A politician voting for their own candidacy is nothing new, it just happens that the VP election if it goes to the Senate is one where there are a lot fewer votes and one vote has a lot more impact.

    Rest assured it would not go over well with the people yet it would be completely and entirely along the lines of what the Constitution has lined out. The chances of such a thing happening are very remote though, particularly given the makeup of the Electoral College and the potential for a "faithless elector"

    The real havoc would come about if the vote were 269-269 and one elector who was not bound to their choice switched their vote.

  • 9 years ago

    A Romney-Biden White House? It could happen.

    http://articles.latimes.com/2012/oct/28/opinion/la...

    ''First, the 435 House members convene to elect the president. But only 50 votes are cast, one per state, so the delegates from each state first vote to determine how their state will cast its one vote. The current House GOP majority (240 to 190) has Romney likely getting the nod. But that could quickly change because it's the newly elected House that casts the critical vote.''

    ''Next, the 100 senators convene to elect the vice president. The current Senate makeup favors the Democrats 51 to 47, with two independents, so Joe Biden would keep his No. 2 gig. Again, that razor-thin margin could move on election day.''

  • 9 years ago

    If there is a tie in the EC, it doesn't go to the Senate, it goes to the House. They decide, and there are no ties because the number is uneven. There are 435 representatives in the house.

    If the senate ties, the vp doesn't vote. President Pro Tempore decides.

  • 9 years ago

    Since the senate is NOT split 50-50, Biden would not ge tto vote (VP is president of the senate and ONLY gets the tiebreaker vote)

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  • 9 years ago

    I believe that if the electoral college is tied, the election is decided in the House. The Senate has nothing to do with it. In the situation you describe, it would almost certainly go to the Romney/Ryan ticket.

  • Anonymous
    9 years ago

    the Senate has no role in the Presidential elections..it's entirely up to the House of Representatives..and assuming they all vote along party lines (why WOULDN'T they?) then Mitt Romney will be the next President of the United States!

  • Anonymous
    9 years ago

    The tie in the Senate is broken by the vice president.

    Additional: The congress will meet in a joint session Jan.,6 2013.

  • ?
    Lv 4
    9 years ago

    In the event of a tie, the U.S. House of Representatives votes to determine a president.

  • 9 years ago

    Biden votes for himself and stays VP.

  • Anonymous
    9 years ago

    Shouldn't you be worried about things in your own country?....What happens here is none a your business.

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