What If Nobody Ran for the U.S. Presidency?
America has a robust mechanism in case no candidate runs for the position of President. This article explores the scenarios and processes that come into play, including the role of the Electoral College and how a contingent election might unfold. Understanding these mechanisms ensures citizens are well-informed about the democratic system in place.
The Electoral College System
In the United States, the Electoral College is designed to elect the President. Typically, candidates campaign to gather a majority of 270 or more electoral votes. However, what if no one runs or the system fails to produce a clear winner? Let’s dive into the unique scenarios that are possible.
Electoral College Without Candidates
The scenario of no candidate running for President is highly unlikely, given the vast political landscape and the presence of numerous parties and candidates. Nevertheless, if this were to happen, the /Couch2024 initiative suggests simply drawing from a lottery. Famously, the 2020 election saw a situation where neither candidate received the majority, leading to a contingent election.
Contingent Election Process
The 12th Amendment outlines the process for a contingent election in the event that no candidate receives a majority of the electoral votes. The top three candidates would be thrown into the House of Representatives for a decision.
Once the House convenes, each state delegation gets one vote. There are no set rules on how to choose among candidates, so a deadlock is possible. Here’s a detailed look at the potential outcomes:
No Majority in the House
As long as the House can reach a quorum of two-thirds of the states, the candidate who receives the majority of votes becomes President. However, if they cannot reach a quorum or there is no majority, the election continues until one is chosen or time runs out. This period is often referred to as a contingent election.
Historical Precedent
The last contingent election occurred in 1824, and it is the exception rather than the norm. Other notable instances include 1888, 1876, and 1820, where the House of Representatives voted to pick the President. These elections highlight the importance of the process and the complexity involved.
What If the Election Fails Due to Invalid Slates?
Another potential scenario is that some states might not submit valid slates of electors. For instance, in the 2020 election, Trump's team attempted to invalidate electors from states he lost. This situation aligns with the potential for a contingent election if the valid electoral votes fall short of a majority.
Role of the Senate and Vice Presidency
In the event that a contingent election fails, the Vice President, as chosen by the Senate from the top two candidates, would then become President. The 25th Amendment outlines additional circumstances where the Vice President might become President in the absence of both a valid President and Vice President-elect.
Key Texts
The 12th Amendment as of 1804 is most relevant here. It states:
“The person having the greatest number of votes for President shall be the President if such number be a majority of the whole number of Electors appointed and if no person have such majority then from the persons having the highest numbers not exceeding three on the list of those voted for as President the House of Representatives shall choose immediately by ballot the President. But in choosing the President the votes shall be taken by states the representation from each state having one vote a quorum for this purpose shall consist of a member or members from two-thirds of the states and a majority of all the states shall be necessary to a choice.”
The 20th Amendment further clarifies the term limits and transition of power:
“The terms of the President and Vice President shall end at noon on the 20th day of January and the terms of Senators and Representatives at noon on the 3d day of January of the years in which such terms would have ended if this article had not been ratified and the terms of their successors shall then begin. … If at the time fixed for the beginning of the term of the President the President-elect shall have died the Vice President-elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term or if the President-elect shall have failed to qualify then the Vice President-elect shall act as President until a President shall have qualified and the Congress may by law provide for the case wherein neither a President-elect nor a Vice President-elect shall have qualified declaring who shall then act as President or the manner in which one who is to act shall be selected and such person shall act accordingly until a President or Vice President shall have qualified.”
Conclusion
The mechanisms in place to elect the President in the absence of a clear majority ensure the continuity of the democratic process. While the likelihood of a contingent election is low, understanding the system is vital. Future elections will shed light on how these processes are applied in actual scenarios.
Further Reading
To delve deeper into the intricacies of the Electoral College and contingent elections, refer to the U.S. National Archives and CNN.