But then, even if all that happened and the election went to the House of Representatives, there are more insurmountable problems. The Constitution specifies that the vote be taken by state, with each state given one vote for president. So a state with a Democratic majority in its House delegation would cast one vote for Clinton. And a state with a Republican majority would cast one vote for … who?
The Constitution says the House must vote for one of the top three candidates in number of electoral votes. According to the Twelfth Amendment, “If no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as president, the House of Representatives shall choose immediately, by ballot, the president.”
That means no Paul Ryan or other outsider scenario. And it means the president would be Clinton, Trump or French. Assuming the House is still in Republican hands — remember, this would be next January, when the House that is elected this November takes office — does anyone believe that Republican politicians, acting in concert within their state delegations, would select the candidate with six electoral votes over the candidate with 267?