FAS

“Contingent Election” of the President, & More from CRS

11.08.16 | 1 min read | Text by Steven Aftergood

What would happen if no candidate for President of the United States won a majority of electoral votes?

The Congressional Research Service explains: “In these circumstances, the 12th Amendment . . . provides that the House of Representatives would elect the President, and the Senate would elect the Vice President, in a procedure known as ‘contingent election’.”

This is not a purely speculative scenario. “Contingent election has been implemented twice in the nation’s history under the 12th Amendment: first, to elect the President in 1825, and second, the Vice President in 1837.”

See Contingent Election of the President and Vice President by Congress: Perspectives and Contemporary Analysis by CRS Specialist Thomas H. Neale, November 3, 2016.

Other new and updated reports from the Congressional Research Service include the following.

The Terrorist Screening Database and Preventing Terrorist Travel, November 7, 2016

Pipeline Security: Domestic Threats, CRS Insight, November 3, 2016

Individual Income Tax Rates and Other Key Elements of the Federal Individual Income Tax: 1988 to 2017, updated November 4, 2016

Treasury’s Recent Report on Foreign Exchange Rate Policies, CRS Insight, November 3, 2016

U.S.-Mexico Economic Relations: Trends, Issues, and Implications, updated November 4, 2016

Moldova: A Pivotal Election?, CRS Insight, November 4, 2016

publications
See all publications
Government Capacity
Policy Memo
We Need a U.S. Permitting Corps: Executive and Legislative Recommendations

Despite significant political momentum behind reform efforts, limited attention has been paid to the federal workforce that will actually be responsible for interpreting and implementing new permitting regulations and better outcomes.

07.08.26 | 10 min read
read more
Environment
Press release
Amid Sweltering Weather, the Federation of American Scientists Releases Expert-Sourced “State and Local Heat Policy Agenda”

Nearly 150 organizations and government officials have endorsed the call to action and solutions for extreme heat, now public at HeatAgenda.US Washington, D.C. – July 7, 2026 – As millions of Americans continue to struggle to stay cool following one of the hottest Independence Day holidays on record, the Federation of American Scientists (FAS), one […]

07.07.26 | 3 min read
read more
Environment
Issue Brief
Policy Memo
The State and Local Heat Policy Agenda

Addressing rising heat will take all of us. Together, we can create heat-safe homes, workplaces, schools, childcare facilities, and communities – the backbone of a heat-ready nation.

07.07.26 | 5 min read
read more
Emerging Technology
day one project
Policy Memo
Securing Cell-Free Biomanufacturing as a Strategic National Capability

DNA synthesis and export controls remain the primary regulatory safeguards against de novo production of harmful biological agents, yet governance frameworks lack the situational awareness and enforcement capacity to keep pace with rapidly falling technical barriers.

07.02.26 | 11 min read
read more