The Bizarre 130-Year-Old Law That Could Let Kasich Pick the Next President

Political junkies and history buffs have spent weeks dreaming about the unlikeliest possible scenarios that could determine the 2016 election: contested conventions, third-party bids, a cross-party ticket. But here’s one prospect they probably haven’t thought of: There’s a legally sound scenario in which John Kasich could single-handedly pick the next U.S. president. And it’s all thanks to a federal law that’s been on the books since 1887.

It’s a far-fetched outcome, to be sure, but here’s how that could happen—and why Congress should consider revising that 130-year-old law.

It starts with a serious ballot dispute in November, something like the contested results in Florida during the 2000 election—the odds of which aren’t trivial. Setting aside the very real prospect of a Hillary Clinton-Donald Trump nail-biter, the risk of a recount and related litigation is higher than it was in the past, thanks to a greater number of absentee and provisional ballots, which often get counted after Election Day.