It’s very possible that today’s Presidential race could be decided by the House of Representatives as did the election in the year 1800 which came down to Thomas Jefferson and Aaron Burr.
If President Trump is successful in convincing the courts that this election should not be certified due to the irregularities and fraud that he and his legal team are alleging, then it is very likely this election will look similar to that of the 1800 Presidential election.
At the end of the day Thomas Jefferson and Aaron Burr finished with 73 electoral votes each and therefore none had the majority needed to take the White House. In today’s scenario if Trump is successful, neither he or Biden would have the necessary minimum of 270 electoral votes needed to capture the White House.
The Constitution does have a remedy for these scenarios. The race would be handed over to the House of Representatives as it was in 1800, however it wouldn’t be your typical vote in which each representative would be able to cast a vote, instead each state would would be allowed one vote as the members of the House would have to vote as a state. In the year 1800 only 9 votes were needed as we only had 16 states at the time, today 26 votes would be needed to capture the majority.
For those of you keeping track at home, Thomas Jefferson won with 10 electoral votes. Today the Republicans currently control 37 of the 50 state legislatures, one can easily assume that if this scenario plays out as it did in 1800, President Trump would be re-elected.... Time will tell.