Electoral Commission (United States)

The 1877 Electoral Commission, charged with resolving the disputed U.S. presidential election of 1876

The Electoral Commission, sometimes referred to as the Hayes-Tilden or Tilden-Hayes Electoral Commission, was a temporary body created by the United States Congress on January 29, 1877, to resolve the disputed United States presidential election of 1876. Democrat Samuel J. Tilden and Republican Rutherford B. Hayes were the main contenders in the election. Tilden won 184 undisputed electoral votes, one vote shy of the 185 needed to win, to Hayes' 165, with 20 electoral votes from four states (Florida, Louisiana, Oregon, and South Carolina) unresolved. Both Tilden and Hayes electors submitted votes from these states, and each claimed victory.

Facing an unparalleled constitutional crisis and intense public pressure, the Democratic-controlled House of Representatives and the Republican-controlled Senate agreed to formation of the bipartisan Electoral Commission to settle the election. It consisted of fifteen members: five each from the House and the Senate, plus five Supreme Court justices. Eight members were Republicans; seven were Democrats. The commission ultimately voted along party lines to award all twenty disputed votes to Hayes, thus assuring his electoral victory by a margin of 185–184. Congress, meeting in a joint session on March 2, 1877, affirmed that decision, officially declaring Hayes the winner by one vote.


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