The Last Time a Contested Election Tore the Country Apart

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The Last Time a Contested Election Tore the Country Apart
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The 1876 presidential election offers some important lessons to anyone worried about a contested election outcome this fall

The Electoral Commission of 1877 holds a secret session by candlelight in Washington, DC to resolve the 1876 presidential election. Photo: MPI/Getty Images When nervous political activists and journalists alike anticipate the horrors of a contested 2020 election outcome , they usually think back twenty years to when no one knew the identity of the 43rd president until the U.S. Supreme Court forced an end to the Florida recount and awarded the presidency to George W. Bush on December 11, 2000.

The tense run-up to the 1876 election The solid popular majority that had reelected Civil War hero Ulysses S. Grant in 1872 had been weakened by a sustained economic depression, systemic corruption, and southern white resistance to Reconstruction. The midterm elections of 1874 produced an epochal 94-seat swing in House seats towards Democrats, who won the chamber, even as “redemption” movements aimed at restoring white political power made big gains in the South.

The Hayes-Tilden deadlock With the economy being the main public preoccupation in the north, Tilden won the key swing states of Indiana, New Jersey, and his own New York, as well as a clear plurality of the national popular vote . Late on Election Night, Tilden was one electoral vote short of a majority, with three of the “unredeemed” southern states plus Oregon still unresolved.

The Electoral Commission of 1877 Eventually, President Grant and other Republicans proposed a special bipartisan commission to deal with the situation created by the ambiguous constitutional language on counting and certifying electoral votes, and after some hesitation Democrats accepted it. The commission would be composed of five U.S. Representatives , five U.S. Senators , and five Justices of the U.S. Supreme Court .

Perhaps Reconstruction would have ended in any event, but the acceptance by a Republican administration of “home rule” in the South — which soon meant self-government by white people — paved the way to the steady disenfranchisement of Black citizens and eventually the imposition of Jim Crow.

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