My first three posts explored a possible, though admittedly unlikely, scenario resulting from a tie in the Electoral College. But even if the results on election day indicate a tie, there is a possibility a faithless elector could tip the scales or even provide a third option. While it is possible an elector could throw their vote to the other side, I think it is unlikely since most electors are party loyalists. But I think it is possible one or more electors could cast their vote for someone other than Trump or Biden. This would still require the House to select the President because Trump and Biden would be short of a majority of the electoral college votes (270). But with even a single electoral college vote, the third place candidate would be eligible for consideration in this contingent House election. 

The electors will not officially cast their votes until December 14, so in the event of a tie there is time to negotiate a compromise if neither candidate is expected to secure a majority in the House vote. This compromise could include inducing one or more electors to cast their vote for a third candidate. The composition of the Senate could influence this negotiation. If Republicans controlled the Senate they would likely be okay with a deadlock in the House since this would result in Pence acting as President. In this case, the Democrats could propose a moderate Republican as the compromise candidate. But if Democrat’s took control of the Senate and could select Harris as the Vice President and therefore acting President, the Republicans may agree to support a moderate Democrat for President. In either case reaching a deal may not be too difficult, since only one state delegation would need flip. It could be as simple as convincing one House Member to back the deal.

Any deal would require at least one elector to cast a vote for the compromise candidate. So, how much freedom do electors have when casting their vote? In 29 states and DC, electors are required by law or pledge to vote for the candidate who wins the vote in their state. In the remaining 21 states electors are able, without legal consequence, to vote for whomever they please. This is rare due to the selection of party loyalists as electors and there has never been a case where a faithless elector has impacted the result of the election. But in this scenario, I think there is a real chance one of these electors would take the opportunity to throw a third candidate into the mix, either as part of a compromise between the parties or on their own. Their vote could go to anyone who meets the eligibility requirements (natural born citizen, 35 years old, resident for 14 years) regardless of their experience or desire to be President. Of course, to win the vote in the House they would have to be acceptable to both parties, so a hyper-partisan politician or a completely unqualified person probably wouldn’t be a great choice.

While it might seem undemocratic and call into question the entire election process we just completed, this could be an opportunity for the country to come together and unite behind a leader deserving of our respect. While most Americans have a preference between Trump and Biden, and many a strong preference, I don’t think the majority of Americans think either is the best person in the country for the job. If these are the two candidates the system gave us, maybe it wouldn’t be so bad to toss them aside and pick someone else.

If you were one of these electors and could select anyone to be President, who would you pick?