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What happens if the US election is a tie between Trump and Biden?

Messy election — but a 269-269 Electoral College split is no longer mathematically possible.

Anthony Cuthbertson
Friday 06 November 2020 18:28 EST
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What to watch for in Michigan, Wisconsin, Georgia and Pennsylvania?

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No US presidential election in modern times has ended in a tie, but with projections of a tight race and potentially days of vote counting still to come, fears were raised of a potential stalemate between Joe Biden and Donald Trump.

While Mr Trump and Mr Biden's names may be on the ballots that millions of Americans have filled in over the last few weeks, voters in the US do not directly elect their president.

Instead, the individual votes in a state are typically reflected in votes cast by electors in the Electoral College, with an outright majority of 270 votes needed to win the seat in the White House.

Read more: How many presidents have lost a second term?

In the event of a drawn result, the newly elected House of Representatives would choose the president, with each state delegation having one vote. A simple majority of states, equivalent to 26 votes or more, would be needed to win.

By Friday, Biden’s lead had stretched to 264-214. 

The remaining Electoral College votes leave several routes for either candidate to win the election – but is there still the possibility of a 269-269 tie?

Follow the US election results live - latest updates on swing state results

If Mr Biden wins Nevada, which was won by then-Democratic nominee Hillary Clinton in 2016, then together with his gains in Michigan and Wisconsin he would end up with the 270 votes.

Mr Biden would also win if he won any of the other states that still hang in the balance. 

Mr Trump could secure four more years in the Oval Office by winning Nevada, Pennsylvania, North Carolina and Georgia.

These combined votes, together with Alaska, would put the current President at 274 votes following his victories in the populous states of Florida and Texas, though it would be a much narrower victory than his 306 votes in 2016.

Mr Biden’s win in Nebraska’s Second Congressional District, which carries a single Electoral College vote, means the possibility of a 269-269 split is now mathematically impossible.

But that does not mean a simple victory for either candidate is assured.

The 2020 election is taking place in significantly different circumstances than four years ago due to the Covid-19 pandemic, with millions voting early or via post.

It is feared that some states, including Pennsylvania, Georgia, and Nevada, may not report full results for potentially days.

The situation is further complicated because even if one candidate wins 270 votes, their path to the White House could still face problems.

While many states have laws requiring electors in the Electoral College to vote in the way that corresponds with the popular vote of the state, others can vote contrary to the public's decision.

These voters, known as faithless electors, could tip the balance if the winner has a tight margin when they vote on 14 December.

Faithless electors have been seen in some elections, including in 2016 when the results at a state level were 304 to 227 in favour of Mr Trump, despite the results being 306-232 at state level.

However, these votes are rare, as electors are typically loyal members of their respective parties, and it is very likely that such a move which alters the result would be challenged.

The only thing that is certain for now, is that a tie for the US presidency can be definitively ruled out.

Additional reporting from agencies.

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