House Speaker Nancy Pelosi has begun rallying Democrats in the event neither President Trump nor Joe Biden outright win the Electoral College, according to a report.
In the event of an Electoral College tie, the House would decide through a process that would allow each of the 50 state delegations one vote — which hasn’t happened since 1876, Politico reported Sunday.
And as it stands currently, Republicans control 26 state delegations to the Democrats’ 22 — with Pennsylvania split evenly and Michigan a 7-6 plurality for Democrats, with a 14th seat held by independent Justin Amash.
In a letter to House Democrats, Pelosi set the stakes for the Nov. 3 election.
“The Constitution says that a candidate must receive a majority of the state delegations to win,” Pelosi wrote, according to the report. “We must achieve that majority of delegations or keep the Republicans from doing so.”
Under this high-stakes scenario, a single seat could determine whether a delegation is Democrat or Republican and it could set off ferocious legal partisan battles in the states to pick winners, Politico reported.
It could also lead Democrats to focus resources on states like Montana and Alaska — typically Republican strongholds — where flipping even one House seat could change the delegation’s makeup.
Pelosi has been pursuing the issue with her leadership team, and House Democrats said they’re aware of the concerns.
“We’re trying to win every seat in America, but there are obviously some places where a congressional district is even more important than just getting the member into the US House of Representatives,” Rep. Jamie Raskin (D-Md.) told Politico.
Meanwhile, Trump talked about the possibility of the House deciding the election during a campaign rally in Pennsylvania on Saturday.
“And I don’t want to end up in the Supreme Court and I don’t want to go back to Congress either, even though we have an advantage if we go back to Congress — does everyone understand that?” Trump said.
“I think it’s 26 to 22 or something because it’s counted one vote per state, so we actually have an advantage. Oh, they’re going to be thrilled to hear that.”