Claims: in 12th amendment

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04 Jan 2021
If no candidate reaches 270 uncontested electoral votes, the House must vote by state delegation to elect the president.

So what would happen is if Joe Biden does not reach 270 electoral votes that are uncontested and that have not yet been certified, then the remedy under the 12th Amendment is to go to the House. Now, the Vice President Pence, there is an interpretation of the 12th Amendment that Vice President Pence can do this all by himself. That he can say there's contest involving too many states, so there's not enough. Neither candidate has more than 270 electoral votes. So under the 12th Amendment, the House must vote now by state delegation. And in some houses, you have a tie, so the vote probably wouldn't count. But it's the newly-seeded House, not the old House, but the newly-seeded House that would vote. They would vote by state, and whoever gets 26 states to vote for them wins. Or if it's 25 and 23 and two are tied, they win. So the president has an edge with 27 states.