Imagine an electoral tie

Let's imagine for a minute that Romney wins FL, NC, CO, NV, IA, and VA. And Obama wins NH and OH. It results in both having 269 electoral votes. It's unlikely to happen. But it's not implausible if you've looked at the polls.

According to the Constitution, the election would go to the House of Representatives. And each state delegation would cast one vote. Whoever gets 26 votes will become President.

So the question of course will be, which party will control 26 delegations? That's not set in stone since it would be the incoming congress that casts the vote which hasnt been elected yet. But as of right now, the GOP would have the advantage. If you include the House seats that are "safe" and "likely" Republican, the GOP would control exactly 26 delegations. The Democrats would control 11. The remaining are either toss-ups or leaning one way or the other.

But there is a catch......

Although the House votes for the President in an electoral tie. It does not vote for Vice President. The Senate would do that. So if the Democrats hold the Senate, it is theoretically possible we could have a Romney-Obama administration. (That would make 2016 kind of awkward since they could potentially both run again!)

And just for clarification, the House cannot pick whoever they want. The 12th amendment limits them to choose between the top 3 in the electoral college. So their choice would be restricted to Obama or Romney assuming no one else got an electoral vote. However the Senate can pick whatever VP they want, as long as they meet the other qualifications to be eligible for President.

Interesting to think about...