For those still holding out hope that somebody not named Hillary Clinton or Donald Trump will be sworn in as president next January, I strongly recommend watching the June 19 episode of “Veep.”
What went down didn’t involve a miracle third-party candidate snatching the White House away from Selina Meyer (Julia Louis-Dreyfus), a shady deal a la “Scandal” or something a bit less morally kosher that would have been up Frank Underwood’s alley on “House of Cards.”
This particular White House coup came in the form of a scheming vice presidential candidate who clearly paid attention in social studies class.
Season four of “Veep” ended with Meyer, the sitting president, tied with Sen. Bill O’Brien (Brad Leland) in the electoral college vote. The president was set to be chosen by a majority vote in the House of Representatives, as laid out in the Twelfth Amendment.
Quick crash course: In the event of an electoral college tie, the three candidates with the most electoral votes qualify for the House vote. All 50 states get one vote (D.C. does not), and whichever candidate reaches 26 votes first wins. If no candidate reaches that 26-vote threshold, the House is allowed to vote again until a winner is declared.
To visualize this convoluted process, check out this CNN graphic of how it should work.
In “Kissing Your Sister,” the Twelfth Amendment came into effect, but with a twist: Three states abstained from voting, and neither Meyer nor O’Brien were able to secure a majority.
That was exactly the outcome that Tom James (Hugh Laurie), Meyer’s vice presidential pick, was hoping for. The man had his sights sets on the presidency from the beginning, and he knew exactly how to achieve his goal.
The Twelfth Amendment also covers how the vice president should be chosen during an electoral tie. It states that the two candidates with the most votes end up on a Senate ballot. Each senator gets one vote, and the first candidate to get 51 votes wins. The sitting vice president (who is the president of the Senate) has tie-breaking authority.
Here’s where James got devious.
The Twentieth Amendment’s main purpose was to move the beginning of the president’s and vice president’s terms from March 4 to Jan. 20. But it also set up an important rule: If a president has not been solidified by Jan. 20, the vice president-elect will serve as the president until the House confirms a president.
In Meyer’s world, James was practically guaranteed the vice presidential nomination, and was so much more popular than either Meyer or O’Brien that the chances of the House ever confirming either of them were slim to none.
Now imagine a similar scenario with Clinton and Trump, two of the most disliked presidential candidates in history, this fall. The two tie in the electoral college. The House is so ambivalent toward them that a majority vote cannot be reached.
It’s too early to predict whom the two will tap for their respective veeps, but those two folks are now the most powerful people in the country. It would be conceivable that if the House doesn’t initially choose Clinton or Trump, because of all their baggage, it will never confirm either of them.
This scenario would play right into the hands of #NeverTrump Republicans. It is quite possible that Trump will pick an establishment-friendly candidate for his vice president, someone like former House Speaker Newt Gingrich or even New Jersey Gov. Chris Christie.
Since the Senate currently has a Republican majority and will have one through Jan. 20, the Republican vice presidential nominee has a decided advantage. The House is also made up mostly of Republicans, so if it refuses to confirm either Trump or Clinton, it would probably be inclined to fall in line with the Senate’s choice.
The chances of an electoral college tie are minuscule, but there is precedent. The House has elected two U.S. presidents: Thomas Jefferson in 1800 and John Quincy Adams in 1824.
Things were so crazy in Meyer’s “Veep” election that she tried to stage a last-minute lobbying effort to ensure O’Brien got 26 House votes to block James’ plan from working. She might have succeeded too if it wasn’t for a bumbling New Hampshire representative under her thumb actually showing her some loyalty for once.
That is a perfect snapshot of this election cycle: Even when an electoral procedure works as intended, the wheels still find a way to fall off. If a presidential election would ever have to go through every constitutional hurdle possible in order to finally be put to rest, it would be this one.
Joshua Axelrod covers the intersection of entertainment and politics for the Washington Examiner. Thinking of submitting an op-ed to the Washington Examiner? Be sure to read our guidelines on submissions.
