Legal Question in Constitutional Law in Washington

Re: article II, section I; the 12th amendment

The provisions you cite prescribe how to settle disputes within the electoral college. When no one gets a majority vote in the electoral college, the House of Representatives gets to decide.

The Florida case took place before the electoral college met and concerned how the Florida delegation would ultimately vote, but the situation described in the Twelfth Amendment never came up.

Even if the House failed to act after an actual deadlock in the electoral college, the average citizen would likely not have standing to sue. The candidates might (and the Florida case demonstrates that candidates are perfectly willing to file such suits when warranted), but even then the courts might decline to intervene in what they could deem a political question.