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Race, Politics, and Chaos in the Capitol: The Election of 1876

Dig: A History Podcast

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The Electoral Commission and the Constitution

There was a constitutional crisis when it wasn't clear who should count and certify the electoral vote. Congress passed a bill to create an electoral commission made up of five Congressmen, five senators, and five Supreme Court justices. The plan was to have the official count take place in a joint session of Congress; any disputed votes would go to the Electoral Commission for adjudication. After lots of complicated legal stuff that we will not get into, the commission held a vote and determined that Hayes had won the election.

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