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Contingent Elections in 2024: A Comprehensive Overview

As the 2024 presidential election looms on the horizon, many experts are predicting a close race that could potentially result in a contingent election. But what exactly is a contingent election, and how does it come into play in the event of an Electoral College deadlock?

Understanding Contingent Elections

A contingent election is a process outlined in Article II, Section 3 of the Constitution and the 12th Amendment that is triggered when no candidate receives the required 270 electoral votes to secure the presidency. This can occur in the case of a tie or when multiple candidates split the electoral votes, leading to a deadlock in the Electoral College.

Historical Precedents

While contingent elections are rare, they have occurred three times in U.S. history. In 1801, Thomas Jefferson was elected president through a contingent election, followed by John Quincy Adams in 1825 and Vice President Richard Mentor Johnson in 1837. These historical examples highlight the importance of understanding the contingency process and its implications for the upcoming election.

Scenarios Leading to a Contingent Election

One possible scenario that could lead to a contingent election is a 269-269 Electoral College tie. For example, if Vice President Harris loses key states like Pennsylvania and Georgia but wins others like Nevada, Arizona, Michigan, and Wisconsin, a deadlock could ensue. Additionally, unique voting systems in states like Nebraska and Maine, where electoral votes are distributed based on congressional district outcomes, can further complicate the Electoral College tabulation.

The House and Senate’s Role in a Contingent Election

In a contingent election, the House of Representatives selects the President, while the Senate chooses the Vice President. Each state delegation in the House receives one vote, regardless of its size, emphasizing the importance of state-level dynamics in determining the outcome of the election.

State Delegations and Potential Flips

The composition of state delegations in the House of Representatives plays a crucial role in a contingent election. Currently, Republicans control 26 state delegations, while Democrats lead in 22. However, the upcoming election could see shifts in state delegations, especially in states like Alaska, Arizona, Colorado, Maine, Nevada, and North Carolina.

Alaska: A Battleground State

The recent special election in Alaska, where Democrat Mary Peltola won a seat previously held by a Republican, highlights the potential for delegation flips in key states. Peltola’s victory is crucial for Democrats to maintain their hold on the House delegation and secure their vote in a contingent election.

Arizona: A Challenge for Democrats

Arizona’s swing state status and competitive House districts present a challenge for Democrats looking to gain ground in the state delegation. With two Republican incumbents at risk and a slim Democratic majority, the outcome of key races could determine the state’s delegation composition in 2025.

Colorado and Maine: Maintaining Democratic Advantage

In Colorado, Democrats hold a 5-3 advantage in the House delegation, while Maine’s proportional electoral vote system could impact the state’s delegation vote in a contingent election. Maintaining these advantages is essential for Democrats to secure their votes and avoid ties in critical states.

Nevada and Minnesota: Potential Tiebreakers

Nevada’s 3-1 Democratic House advantage and Minnesota’s 4-4 tie in the delegation underscore the importance of key races in determining state votes in a contingent election. Avoiding ties and securing delegation support are key objectives for both parties in these states.

North Carolina: A Republican Stronghold

With a 7-7 split in the House delegation and likely Republican gains post-redistricting, North Carolina could be a decisive state in a contingent election. The state’s shifting dynamics at the presidential and congressional levels pose challenges for both parties in securing delegation votes.

Pennsylvania and Michigan: Democratic Challenges

Pennsylvania and Michigan, two battleground states with narrow Democratic House majorities, present challenges for the party in maintaining delegation control. Competitive races and potential flips could impact the states’ votes in a contingent election, highlighting the need for strategic electoral planning.

Virginia: A Final Frontier

Virginia’s 6-5 Democratic House advantage and competitive races in key districts underscore the state’s significance in a contingent election. With retiring incumbents and shifting dynamics, both parties face challenges in securing delegation support and maintaining control in the state.

Conclusion

As the 2024 election approaches, the potential for a contingent election looms large, highlighting the importance of state-level dynamics and House delegation composition in determining the outcome. Understanding the intricacies of contingent elections and their historical precedents is essential for navigating the complexities of the electoral process and ensuring a fair and transparent outcome for the American people.