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The 12th Amendment describes how the electoral college votes for the the President and Vice-President, and how the Senate has the actual final say on who will be the next President and Vice-President.

Essentially, following the election, the electors for each state, who are generally bound to vote for the candidate who received the most votes in their state, cast their votes and send the results to the current President of the Senate. The President of the Senate (who is also the current Vice-President), then reads the results out to the entire Senate, and the electoral votes are tallied. Thus are the results of the election confirmed.

The Amendment also provides that, in the event of a tie between two or more candidates, the names of the top three are to be sent to the House of Representatives, where each state's delegation can cast one vote for the candidate of their choice. In this event, two-thirds of the states (67) must be present, and a majority (51) states must cast their votes for the same candidate.

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15y ago

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