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The election remains among the most disputed in American history, though it is undisputed that Tilden won the popular vote.  The controversy surrounding the election centered on three states (Florida, Louisiana, South Carolina) which sent in two separate electoral returns (one by the Republican governors, who were the officially-recognized chief executives of the respective states, and another by Democrats) and the question as to whether one elector in Oregon (John Watts, a Republican elector and a former Postmaster) was eligible under Article II, Section 1, of the United States Constitution, since he was a "person holding an office of trust or profit under the United States" (there was no dispute that Hayes won the popular vote, and therefore all three of the state's electors); the Democratic governor unilaterally dismissed Watts to replace him with a Democratic elector, leaving Oregon's electors split 2-1 for Hayes.  If all disputed electors were to go to Hayes, he would have a one-vote majority in the Electoral College.

The election remains among the most disputed in American history, though it is undisputed that Tilden won the popular vote.  The controversy surrounding the election centered on three states (Florida, Louisiana, South Carolina) which sent in two separate electoral returns (one by the Republican governors, who were the officially-recognized chief executives of the respective states, and another by Democrats) and the question as to whether one elector in Oregon (John Watts, a Republican elector and a former Postmaster) was eligible under Article II, Section 1, of the United States Constitution, since he was a "person holding an office of trust or profit under the United States" (there was no dispute that Hayes won the popular vote, and therefore should have won all three of the state's electors under the state's "winner-take-all" system; however, the Democratic governor unilaterally dismissed Watts to replace him with a Democratic elector, leaving Oregon's electors split 2-1 for Hayes).  If all disputed electors were to go to Hayes, he would have a one-vote majority in the Electoral College.

The main contention between the parties was the meaning of the 12th Amendment, the text of which reads: "The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted."  The Republicans claimed that the only task is to open the certificates and count the votes: as the Senate was controlled by the Republicans, they would count all disputed votes for Hayes.  The Democrats argued that the process should follow the practice in place since 1865, which was that no state's electoral votes would count unless both houses concurred: the Democrats had a significant majority in the House and by throwing out even one disputed state's vote, Tilden would win.

The main contention between the parties was the meaning of the 12th Amendment, the text of which reads: "The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted."  The Republicans claimed that the only task is to open the certificates and count the votes: as the Senate was controlled by the Republicans, they would count all disputed votes for Hayes.  The Democrats argued that the process should follow the practice in place since 1865, which was that no state's electoral votes would count unless both houses concurred: the Democrats had a significant majority in the House and by throwing out even one disputed state's vote, Tilden would win.