While the Democrats held the current House majority, the 12th Amendment of the Constitution stated the voting on a contested election would not be done by a simple majority vote. Instead, the amendment states that the election vote would be counted in blocs of state delegations, with one vote per state: If no person have such majority… the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote.

