Who decides the presidency if the electoral college doesn't?

Answer 1

If no candidate receives the necessary votes in the Electoral College, the election goes to the House of Representatives. In the House, each state gets one vote. So the representatives of the state gather and vote within their delegation and then vote as one on the House floor. The person who receives a majority (26) is elected President. There are some problems with voting in the House. The small states (population wise) have the same influence as the larger states. If a majority of representatives from a state cannot agree on a candidate, that state loses its vote. If some members of the House favor a strong third-party candidate, it could make it difficult for any candidate to get the needed 26 votes.

Answer 2

Amendment 12 of the Constitution says f no person receives a majority of the electoral votes for President, the House of Representatives elects the President. In such an election the representatives from each state have one vote among them. A majority of these votes is necessary to elect the President.

This amendment was brought about as a result of the election of 1800, when Jefferson and Burr, candidates of the same party, received the same number of votes. Although it was understood that Burr was the candidate for Vice-President, he could have been named President by the House of Representatives.

Answer 3

If no candidate receives a majority of electoral votes, the Twelfth Amendment of the United States Constitution provides that the U.S. House of Representatives will select the president, with each of the fifty state delegations casting one vote, and the U.S. Senate will select the vice-president.