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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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Trump says he is directing federal agencies to cease use of Anthropic technology

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Trump says he is directing federal agencies to cease use of Anthropic technology
U.S. President Donald Trump on Friday said he was directing every federal agency to immediately cease all use of Anthropic’s technology, adding there would be a six-month phase out for agencies such as the Defense Department who use the company’s products.
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UN Human Rights Council chief cuts off speaker criticizing US-sanctioned official

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UN Human Rights Council chief cuts off speaker criticizing US-sanctioned official

NEWYou can now listen to Fox News articles!

The United Nations Human Rights Council (UNHRC) abruptly cut off a video statement after the speaker began criticizing several United Nations officials, including one who has been sanctioned by the Trump administration. The video message was being played during a U.N. session in Geneva, Switzerland, Friday morning.

Anne Bayefsky, director of the Touro Institute on Human Rights and the and president of Human Rights, called out several U.N. officials in her message, including U.N. High Commissioner for Human Rights Volker Türk and special rapporteur Francesca Albanese, who is the subject of U.S. sanctions.

Secretary of State Marco Rubio announced sanctions against Albanese July 9, 2025, saying that she “has spewed unabashed antisemitism, expressed support for terrorism and open contempt for the United States, Israel and the West.”

“That bias has been apparent across the span of her career, including recommending that the ICC, without a legitimate basis, issue arrest warrants targeting Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant,” Rubio added.

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Secretary of State Marco Rubio and Francesca Albanese  (Getty Images)

“I was the only American U.N.-accredited NGO with a speaking slot, and I wasn’t allowed even to conclude my 90 seconds of allotted time. Free speech is non-existent at the U.N. so-called ‘Human Rights Council,’” Bayefsky told Fox News Digital.

Bayefsky noted the irony of the council cutting off her video in a proceeding that was said to be an “interactive dialogue,” an event during which experts are allowed to speak to the council about human rights issues.

“I was cut off after naming Francesca Albanese, Navi Pillay and Chris Sidoti for covering up Palestinian use of rape as a weapon of war and trafficking in blatant antisemitism. I named the prosecutor of the International Criminal Court, Karim Khan, who is facing disturbing sexual assault allegations but still unaccountable almost two years later. Those are the people and the facts that the United Nations wants to protect and hide,” Bayefsky told Fox News Digital.

“It is an outrage that I am silenced and singled out for criticism on the basis of naming names.”

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Bayefsky’s statement was cut off as she accused Albanese and Navi Pillay, the former chair of the U.N. Independent International Commission of Inquiry on the Occupied Palestinian Territory; and Chris Sidoti, a commissioner of the U.N. Independent International Commission of Inquiry on the Occupied Palestinian Territory. She also slammed Khan, who has faced rape allegations. Khan has denied the sexual misconduct allegations against him.

Had her video message been played in full, Bayefsky would have gone on to criticize Türk’s recent report for not demanding accountability for the “Palestinian policy to pay to kill Jews, including Hamas terror boss Yahya Sinwar who got half a million dollars in blood money.”

When the video was cut short, Human Rights Council President Ambassador Sidharto Reza Suryodipuro characterized Bayefsky’s remarks as “derogatory, insulting and inflammatory” and said that they were “not acceptable.”

“The language used by the speaker cannot be allowed as it has exceeded the limits of tolerance and respect within the framework of the council which we all in this room hold to,” Suryodipuro said.

The Human Rights Council at the United Nations in Geneva, Switzerland, Feb. 26, 2025. (Denis Balibouse/Reuters)

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In response to Fox News Digital’s request for comment, Human Rights Council Media Officer Pascal Sim said the council has had long-established rules on what it considers to be acceptable language.

“Rulings regarding the form and language of interventions in the Human Rights Council are established practices that have been in place throughout the existence of the council and used by all council presidents when it comes to ensuring respect, tolerance and dignity inherent to the discussion of human rights issues,” Sim told Fox News Digital.

When asked if the video had been reviewed ahead of time, Sim said it was assessed for length and audio quality to allow for interpretation, but that the speakers are ultimately “responsible for the content of their statement.”

“The video statement by the NGO ‘Touro Law Center, The Institute on Human Rights and The Holocaust’ was interrupted when it was deemed that the language exceeded the limits of tolerance and respect within the framework of the council and could not be tolerated,” Sim said.

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“As the presiding officer explained at the time, all speakers are to remain within the appropriate framework and terminology used in the council’s work, which is well known by speakers who routinely participate in council proceedings. Following that ruling, none of the member states of the council have objected to it.”

Flag alley at the United Nations’ European headquarters during the Human Rights Council in Geneva, Switzerland, Sept. 11, 2023. (Denis Balibouse/File Photo/Reuters)

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While Bayefsky’s statement was cut off, other statements accusing Israel of genocide and ethnic cleansing were allowed to be played and read in full.

This is not the first time that Bayefsky was interrupted. Exactly one year ago, on Feb. 27, 2025, her video was cut off when she mentioned the fate of Ariel and Kfir Bibas. Jürg Lauber, president of the U.N. Human Rights Council at the time, stopped the video and declared that Bayefsky had used inappropriate language.

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Bayefsky began the speech by saying, “The world now knows Palestinian savages murdered 9-month-old baby Kfir,” and she ws almost immediately cut off by Lauber.

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“Sorry, I have to interrupt,” Lauber abruptly said as the video of Bayefsky was paused. Lauber briefly objected to the “language” used in the video, but then allowed it to continue. After a few more seconds, the video was shut off entirely. 

Lauber reiterated that “the language that’s used by the speaker cannot be tolerated,” adding that it “exceeds clearly the limits of tolerance and respect.”

Last year, when the previous incident occurred, Bayefsky said she believed the whole thing was “stage-managed,” as the council had advanced access to her video and a transcript and knew what she would say.

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Did the EU bypass Hungary’s veto on Ukraine’s €90 billion loan?

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Did the EU bypass Hungary’s veto on Ukraine’s €90 billion loan?

A post on X by European Parliament President Roberta Metsola has triggered a wave of misinformation linked to the EU’s €90 billion support loan to Ukraine, which is designed to help Kyiv meet its general budget and defence needs amid Russia’s ongoing invasion.

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Hungary said earlier this week that it would block both the loan — agreed by EU leaders in December — and a new EU sanctions package against Moscow amid a dispute over oil supplies.

Shortly afterwards, Metsola posted on X that she had signed the Ukraine support loan on behalf of the parliament.

She said the funds would be used to maintain essential public services, support Ukraine’s defence, protect shared European security, and anchor Ukraine’s future within Europe.

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The announcement triggered a wave of reactions online, with some claiming Hungary’s veto had been ignored, but this is incorrect.

Metsola did sign the loan on behalf of the European Parliament, but that’s only one step in the EU’s legislative process. Her signature does not mean the loan has been definitively implemented.

How the process works

In December, after failing to reach an agreement on using frozen Russian assets to fund Ukraine’s war effort, the European Council agreed in principle to provide €90 billion to help Kyiv meet its budgetary and military needs over the next two years.

On 14 January, the European Commission put forward a package of legislative proposals to ensure continued financial support for Ukraine in 2026 and 2027.

These included a proposal to establish a €90 billion Ukraine support loan, amendments to the Ukraine Facility — the EU instrument used to deliver budgetary assistance — and changes to the EU’s multiannual financial framework so the loan could be backed by any unused budgetary “headroom”.

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Under EU law, these proposals must be adopted by both the European Parliament and the European Council. Because the loan requires amendments to EU budgetary rules, it ultimately needs unanimous approval from all member states.

Metsola’s signature therefore does not amount to a final decision, nor does it override Hungary’s veto.

The oil dispute behind Hungary’s opposition

Budapest says its objections are linked to a dispute over the Druzhba pipeline, a Soviet-era route that carries Russian oil via Ukraine to Hungary and Slovakia.

According to the Centre for Research on Energy and Clean Air (CREA), Hungary and Slovakia imported an estimated €137 million worth of Russian crude through the pipeline in January alone, under a temporary EU exemption.

Oil flows reportedly stopped in late January after a Russian air strike that Kyiv says damaged the pipeline’s southern branch in western Ukraine. Hungary disputes this, with Prime Minister Viktor Orbán accusing Ukraine of blocking it from being used.

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Speaking in Kyiv alongside European Commission President Ursula von der Leyen and European Council President António Costa, Ukraine’s President Volodymyr Zelenskyy said the pipeline had been damaged by Russia, not Kyiv.

He added that repairs were dangerous and could not be carried out quickly without putting Ukrainian servicemen in danger.

Tensions escalated further after reports that Ukraine struck a Russian pumping station serving the pipeline. Orbán responded by ordering increased security at critical infrastructure sites, claiming Kyiv was attempting to disrupt Hungary’s energy system.

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