如果大选的结果取决于1-2个州的选举人团票归谁,而这1-2个州的开票结果出现争议,官司会打到 State Supreme Court 及 U.S. Supreme Court,而 Supreme Court 所能判定的是应该怎么算某个州的有效票这类问题上出现的争议。
也有交由众议院表决(一州算一票)的先例。Under the Constitution's 12th Amendment, the House would select the next president and the Senate would pick the vice president if no candidate has a majority of Electoral College votes. By law, states have until Dec. 8 to certify their results or have the state legislature appoint electors to the Electoral College, which is set to convene on Dec. 14. Congress is set to formally count electors' votes and declare a winner on Jan. 6.