text: Moreover, Posner explains in his article, "The Electoral College avoids the problem of elections in which no candidate receives a majority of the votes cast." However this has happened before where there has been more of a "tie," Plumer backs this up quoting that "In that case, the election would be thrown to the House of Representatives, where state delegations vote on the president." In short, if the Electoral College fails, they have Mommy and Daddy to back them up. In this case, the simpler route would be to have the election dependent upon popular vote.