Many people are not aware that there is a secondary system set up in case no results come from the electoral college. This would kick in if neither candidate reaches 270 electoral votes due to results not being accepted or blocked by the courts.

If that should happen, it goes to the House of Representatives, however, it is not decided by a majority vote. If it was, the race would go to Biden, but fortunately, it doesn’t.

Each states’ delegation to the House gets one vote. Kansas and California would cancel each other out because the votes from the state delegations are equal regardless of the size of the state.

Rep Mo Brooks points out this could give Trump a second term.

Brooks stated:

“In the House of Representatives, there are 26, maybe 27 delegations that have a majority Republican congress, and then there are 20 delegations that have majority Democrat members of Congress. So, that’s the breakdown, with three or four being a tie. We’ve got one undecided race in Iowa that could flip that from the undecided column, or tie column, to the GOP.”

“I can’t speak for any other senators or any other congressmen. But in my judgment—having been involved in politics now for a number of decades, and having seen the things that I have seen—in my judgment, Joe Biden did not win the Electoral College, if there was some way we could limit the determination of the winners of the Electoral College to lawful votes cast by eligible American citizens.” 

“If he can keep the Biden count below 270, then the matter goes to the House of Representatives, where, of course, there is a Republican majority among the delegations of states, and you vote by state if it goes to the House. He’s trying to follow the playbook of three elections of the 19th century.”

The first time it happened was in 1801, when Thomas Jefferson was declared the winner over Aaron Burr. The second time was in 1825. John Quincy Adams was declared the winner even though Andrew Jackson had the most electoral votes. The final time was in 1877. There was no vote in the House because a compromise was reached whereby Rutherford B Hayes became president and all federal troops were pulled out of the South.

There is one more possibility that has not been discussed much. State legislators in some states have the ability to select the electors from those states and they could simply assign the jobs to Trump electors.

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