The Contingency of Candidate Death and the Need for Congress to Address It

We are a little more than a year out from the 2024 election—an election that, in countless ways, promises to be unlike any other. One way it may be different is the very real prospect of a scenario in which neither major party candidate secures enough electoral votes to win, kicking the decision to the House of Representatives in what is called a “contingent election.” Possible third parties are actively discussing the possibility of a contingent election as part of their political strategy—and this talk has many experts and advocates nervous about what chaos the turn to a contingent election might wreak. 

To talk through what this scenario might mean, Lawfare Senior Editor Scott R. Anderson sat down with Beau Tremitiere and Aisha Woodward of Protect Democracy, which recently released a report—and published a related piece in Lawfare—on the topic. They walked through how a contingent election would work, how it might end up subverting the democratic process, and what alternatives might be out there for those less than content with the two-party status quo.

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