Trump's Only Road to Victory Gatestone Institute: "what the Trump legal team is trying to do. If enough electoral votes are still being contested by mid-December, and if fewer than 270 electors are certified by their respective states by that date, then Biden could -- in theory -- be denied the necessary 270. If that were to happen, then the election would be thrown into the House of Representatives, as it was on several occasions in the 19th century. Under the Constitution, the House votes for president not by individual members, but by state delegations. Each state gets one vote, and so 26 states are required to elect a president. Although there are more Democrats than Republicans in the House of Representatives, there are more states with a majority of Republican representatives. Accordingly, if the election were to go to the House, the Republicans would determine the next president." gatestoneinstitute.org