Confirming a new vice-president
<p>Whenever the Office of President of the United States becomes vacant, whether by  resignation, impeachment, ill health, whatever, the reason is immaterial. </p>

<p>Naturally, the Vice President takes over the presidency.  No problem: sadly, it's happened before.</p>

<p>One of the new President's necessary acts is to select a new Vice-President, to fill out the remainder of the term before the next election. The selection must be approved by both the House and the Senate. However, the Senate is evenly split at 50 - 50.  </p>

<p>Now there have been tie votes in the Senate, and they are resolved by the President of the Senate casting a deciding vote if he/she so chooses.  </p>

<p>But, Constitutionally,  the Vice-President is the President of the Senate! And there isn't one yet!  The tie vote is to confirm the selection of a Vice-President!</p>

<p>So, in the absence of a Vice-President, how is a tie in a Senate vote decided?   </p>

<p>The Twenty-fifth Amendment states:</p>

<blockquote>
  <p>Whenever there is a vacancy in the office of the Vice President, the
  President shall nominate a Vice President who shall take office upon
  confirmation by a majority vote of both Houses of Congress.</p>
</blockquote>

<p>Thus, in the absence of a majority the candidate would be denied the office.</p>

<p>The general rule is that a tie vote in either house of Congress loses. Thus in the absence of a majority of each house voting to confirm, that nominee is not confirmed, and does not take office.</p>

united-states us-constitution us-president