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What happens if there’s a tie in the US presidential election?

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What happens if there’s a tie in the US presidential election?

A constitutional amendment more than two centuries old determines the choice of winner in case of a draw.

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Kamala Harris and Donald Trump are fighting down to the last vote to gain the upper hand in tomorrow’s election. There’s a remote possibility that the US poll could end in a draw, however.

This concerns the machinery of the US Electoral College, the winner-takes-all system that determines which presidential candidate will win the White House.

The Electoral College comprises 538 votes, distributed in varying proportions among the fifty states plus the District of Columbia. A tie between two presidential candidates is therefore theoretically possible.

Harris and Trump could each receive 269 electoral votes, resulting in a complete draw scenario, with both candidates unable to achieve the majority of electoral votes required to become president.

Similar stalemates have occurred twice in US history, in 1800 and 1824.

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What happened when there was a tie in the past?

In the 1800 election, Thomas Jefferson’s Democratic-Republicans defeated the incumbent Federalist President John Adams.

At that time, presidential candidates had a “running mate” from a different state, similar to today’s candidates for vice president. The electors had to cast two votes each: the candidate with the most votes would become president, while the candidate with the second-most votes would become vice president.

However, the Democratic-Republicans did not coordinate well, resulting in their candidate for president (Jefferson) receiving the same number of votes as their candidate for vice president (Aaron Burr).

The election was therefore decided by the House of Representatives using a one-state, one-vote rule after a long deadlock that nearly resulted in a military confrontation, as Sanford Levinson, a professor at the University of Texas Law School, has noted.

For this reason, the 12th Amendment was introduced, which still regulates the election of the US president. It clarifies that electors “shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice President,” to avoid any possible tie between candidates from the same party.

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However, there remains the possibility that no candidate receives a majority of the total number of electors appointed—currently, that crucial threshold is 270.

This actually happened in 1824, when Andrew Jackson received 99 votes, John Quincy Adams 84, William Crawford 41, and Henry Clay 37. All of these candidates were from the same Democratic-Republican political party, which was split into regional factions.

The 12th Amendment states that in such cases, the House of Representatives shall immediately choose the president by ballot from the top three choices of the electors. Votes are taken by state, with each state having one vote and a simple majority required.

This means that Wyoming, the smallest state in the US with fewer than 600,000 people, would have the same say in choosing a new president as California, which has almost 40 million residents (even though Wyoming appoints only three electors and California 54).

Additionally, the choice of the new president would depend on the composition of the House of Representatives, which is set to be voted on in parallel with the presidential elections.

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How likely is a tie?

While a tie is unlikely, it is still a possibility to consider, with various scenarios outlined by the website 270toWin.

One scenario is that Trump wins Pennsylvania and Georgia, while Harris secures victories in Wisconsin, Michigan, Arizona, Nevada, and one electoral vote in Nebraska, which alongside Maine is the only state that splits its allocation of electors.

Another scenario, even more unlikely, is that Harris wins all the states Biden won, plus North Carolina, which current polls indicate could go to Republicans. If Trump then reclaims Michigan, Pennsylvania, and Wisconsin, and also wins Nevada for the first time, the outcome would be a 269-269 tie.

This would trigger a “contingent election,” with the House of Representatives tasked with deciding the US president for the first time in two centuries, requiring a simple majority of 26 states to elect the new commander-in-chief.

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With the country sharply divided, newly sworn-in US congress members would face immense pressure and, in some cases, might have to choose between backing their party candidate or the one who received the most popular votes in their own state (there is no requirement for state delegations to honour the winner of their state’s vote).

This situation would likely unfold on 6 January, right after Congress determines that no candidate has a majority, according to an analysis by the Congressional Research Service.

Even more surprisingly, the tie scenario could lead to cohabitation between a Republican president and a Democratic vice president or vice versa.

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Indeed, according to the 12th Amendment, in the event of no majority, the US vice president is chosen by the Senate from the two candidates with the highest number of electoral votes, with each senator entitled to one vote (the US Senate has 100 members, with each state electing two).

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Finally, the Senate could select a vice president even if the House is deadlocked in the election of the president. So, if a president is not selected by Inauguration Day, 2o January, the newly chosen vice president would serve as acting president. This is a scenario that no one in the US can envision as of today.

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Justin Baldoni Sued by Former Publicist Amid Blake Lively Scandal

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Justin Baldoni Sued by Former Publicist Amid Blake Lively Scandal

Justin Baldoni‘s former publicist sued him, his company and his current publicity team on Tuesday, amid a spiraling scandal over an alleged smear campaign against Baldoni’s “It Ends With Us” co-star Blake Lively.

Steph Jones, who owns Jonesworks, accused Baldoni of breaching their contract, which required him to pay her $25,000 per month. Baldoni dropped the firm in August, a few months into a year-long deal, after his Jonesworks publicist, Jennifer Abel, left the company to start her own publicity firm.

Jones also sued Abel and publicist Melissa Nathan, accusing them of implementing the smear campaign against Lively behind her back and without her knowledge. She alleges that they are now trying to blame her for the ensuing meltdown.

“To this day, Abel and Nathan continue to point the finger falsely at Jones now that their own misconduct is coming to light, and to defame and attack Jones in the industry,” the lawsuit states.

Lively filed a complaint on Saturday with the California Civil Rights Department, accusing Baldoni and his publicists of orchestrating negative coverage about her in retaliation for her complaints of sexual harassment on set.

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In the complaint, Lively accused Baldoni of a catalog of sexually inappropriate comments and behavior that allegedly took place on set in 2023. According to the complaint, she raised these issues through her attorneys before filming, which had been suspended during the Hollywood strikes, resumed earlier this year.

The rift between Baldoni and Lively became apparent during the publicity tour for the film last summer. Baldoni feared that Lively or her team would public accuse him of sexual misconduct, and sought ways to combat that. The complaint quoted extensively from text messages among Baldoni’s publicity team, in which they plotted to “bury” Lively.

In an unusual move, Lively’s attorneys obtained the messages by sending a pre-litigation subpoena to Jones.

Abel, Nathan, and Baldoni are represented by attorney Bryan Freedman. On Monday, Freedman threatened to sue Jones for releasing the contents of Abel’s phone to Lively’s legal team. Freedman, Abel and Nathan did not immediately respond to a request for comment on Jones’ suit.

In her lawsuit, Jones relates that she “forensically preserved” Abel’s company phone after Abel was fired.

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“Abel and Nathan’s covert take down and smear campaigns were revealed in black and white on Abel’s company-issued phone following her termination, which Jonesworks forensically preserved and examined in detail after receiving a subpoena for the phone’s contents,” Jones’ suit states. “Jones discovered the breadth and intensity of Abel and Nathan’s duplicity from these records, including that Abel was actively encouraging other Jonesworks clients and employees to leave Jonesworks while Abel was still employed there.”

Jones’ suit alleges that Abel conspired for months to leave her company and to “steal” her clients and trash her reputation in the industry. She accuses Nathan of encouraging Abel to leave, because Nathan would then have greater access to those clients.

“This scheme ultimately inflicted serious damage on Jones and Jonesworks,” states the lawsuit, which was filed in state court in New York.

Among other things, the suit alleges that Abel and Nathan planted negative stories about Jones in the press, including an article in Business Insider that was published last summer.

The suit alleges breach of contract, tortious interference with contract, breach of fiduciary duty and defamation.

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Police officer dressed as the 'Grinch' steals Christmas spirit during drug bust

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Police officer dressed as the 'Grinch' steals Christmas spirit during drug bust

A Peruvian police officer dressed as the Grinch, the cantankerous and green-furred villain, busted suspected drug traffickers in the South American country’s capital days before Christmas. 

The operation in San Bartolo in Lima resulted in the arrest of three suspects, according to a video posted online by the Peruvian National Police. 

“In an ingenious operation, agents of the Green Squad arrested the aliases La Reina del Sur, La Coneja and Pote, alleged members of the La Mafia de San Bartolo gang, dedicated to drug dealing,” a police post on X states. “Various narcotics were seized.”

FLORIDA MAN WHO WAS HALF-NAKED, ‘HIGH ON METH’ BREAKS INTO HOME, GRABS CARPET CLEANER

The “Grinch” posing with suspected drug traffickers. A Peruvian police officer dressed as the Christmas villain helped bust the alleged traffickers.  (Peru National Police)

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Using what appeared to be a sledgehammer, the officer walked down the street dressed as the infamous Christmas villain with a small heart before breaking down the front door of a home and entering, according to the video footage. 

The suspects were arrested, and the “Grinch” is seen rummaging through various items in the home before finding what authorities said were illegal drugs and other items related to drug trafficking.

MORE THAN $31M OF METH CONCEALED IN SHIPMENT OF PEPPERS SEIZED AT TEXAS-MEXICO BORDER

The Grinch with a hammer

A Peruvian police officer dressed as the “Grinch” on his way to bust suspected drug traffickers.  (Peru National Police )

Peru is the second-largest producer of cocaine and cultivator of coca in the world, according to the State Department. 

“The majority of cocaine produced in Peru is transported to South American countries for domestic consumption, or for onward shipment to Europe, the United States, East Asia, and Mexico,” the State Department website said. 

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Peru’s national police force has carried out similar operations in the past. 

The "Grinch" busting down a door

The “Grinch” busting down a door (Peru National Police)

On Halloween 2023, officers disguised as horror favorites Freddy Krueger, Jason Voorhees and Tiffany Valentine, the murderous doll in the “Child’s Play” series, also broke into the home of alleged drug dealers. 

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Are your Christmas gifts ready? Here are where EU toys come from

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Are your Christmas gifts ready? Here are where EU toys come from

While the EU saw a drop in toy exports, China was the EU’s biggest supplier, providing 80% of these imports, valued at €5.2 billion.

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In 2023, the EU imported €6.5 billion worth of toys from countries outside the bloc, a €2 billion decrease compared to 2022. 

According to the latest Eurostat figures, China was the EU’s biggest supplier, providing 80% of these imports, valued at €5.2 billion. 

Vietnam followed with 6% and the United Kingdom with 2%. 

Around a fifth of the EU’s toy imports ended up in Germany, while France and the Netherlands received 16% and 14%, respectively. 

At the same time, the EU exported €2.3 billion worth of toys in 2023.  

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This figure represents a slight decrease of €0.2 billion from the previous year. 

More than half of the toys exported from the EU came from the Czech Republic, Germany and Belgium. 

The UK was the top destination for EU toy exports, receiving 30% of the total, followed by Switzerland at 13% and the United States at 10%. 

Concerns over toy safety

A recent Toy Industries of Europe study revealed that 80% of toys purchased from third-party sellers on online marketplaces failed to meet EU safety standards.

The research tested over 100 toys from various platforms, uncovering serious health risks such as choking hazards and toxic chemicals.

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At the beginning of September, the European Parliament backed a proposal to improve the safety of toys available on the EU market.

The proposal focused particularly on decreasing the number of unsafe toys in the EU market and better protecting children from toy-related risks, including banning harmful chemicals in toys.

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