If neither candidate receives more than 269 electoral votes, the House of Representatives chooses from among the top three candidates, and the Senate from the top two. This scenario is more likely than you might think! Take the current RCP map, which shows Obama with 251 likely votes and Romney with 181. RealClearPolitics - 2012 Election Maps - Electoral Map If Obama wins the toss up state of Ohio and Romney wins the remainder of the toss-up states - no candiate has a majority! So the House would choose, with each Congressional state delegation getting one vote, the President from the top three vote getters. This would easily be Romney. I haven't looked lately but there are like 37 state delegrations that are Republican. Even in the unlikely event the Democrats won the House back, state - by - state it would still be majority Republican. So barring any sort of absurdities, Romney wins the Presidency. What of the Vice Presidency ? The Senate must choose from the top two voted for VP. If the Senate switches to Republican, its easily Ryan. But what if the Senate remains Democrat? You'd think Biden, right? Strange enough - but not so fast! The electoral vote for Vice President is chosen by the Senate because no candidate received a majority - not because it was a tie! So if it appeared the election for Vice President would go to the Senate and the President would be Mitt Romney by choice of a the House, the electors could instead switch their votes, voting Obama for Vice President and Biden (or anyone else) for President. Romney still wins either way - except now the Senate would have to choose between Ryan and Obama for Vice President. So the President would be Mitt Romney and the Vice President would be Barrack Obama. As if that wouldn't be strange enough - Obama would be eligible to run for President for the next term, and we would have the odd situation of a President Mitt Romney running against a Vice President Obama for the Presidency.