If there&#39;s no majority candidate, does the incumbent or newly elected Congress choose the President and Vice President?
<p>If no candidates get a majority in the U.S. electoral college, are the President and Vice President chosen by the incumbent Congress or the ones just elected?</p>

<p><strong>The newly elected Congress does all of the work in electing a new President.</strong></p>
<p>Under the 20th Amendment, the newly elected Congress takes office on January 3. Then three days later, on January 6, <a href="https://www.law.cornell.edu/uscode/text/3/15" rel="noreferrer">3 USC § 15: Counting electoral votes in Congress,</a> requires the new Congress to meet in Joint Session to count the electoral votes.</p>
<p>If this session does not produce a President or Vice President, there is what is called a <a href="https://fas.org/sgp/crs/misc/R40504.pdf" rel="noreferrer">contingent election.</a> In a contingent election the House begins immediately to choose a President from among the <em>top three</em> electoral college vote getters, while the Senate chooses a Vice President from among the <em>top two</em> electoral college vote getters. Both Houses use majority rule. The House votes by state, so a majority is 26, while the Senators vote individually, so a majority is 51.</p>
<p>If the House does not pick a President by Inauguration Day, January 20th, the Vice President serves until a President is picked. If neither a President nor a VP has been picked by the 20th, the <a href="https://en.wikipedia.org/wiki/Presidential_Succession_Act" rel="noreferrer">Presidential Succession Act</a> applies, and the Speaker of the House, President <em>pro tempore</em> or a cabinet officer serves as Acting President.</p>
<p><strong>It wasn't always done this way:</strong></p>
<p>The 20th Amendment was passed in 1933 to take control over elections away from the <em>lame duck</em> Congress. <em>Before the 20th A was adopted,</em> the terms for P, VP <em>and</em> Congress <em>all</em> ended on Inauguration day, March 4. That meant the lame duck Congress <em>had</em> to deal with electoral matters. By giving Congress and the P/VP different expiration dates, the Amendment meant new Congress <em>could</em> deal with the election. Setting the election counting date after the new Congress was seated (on January 6), meant <em>only</em> the new Congress could.</p>

united-states