

To force a tie you need just a slightly smaller percentage of popular vote: 21.52% (or 21.2% if counting the US territories).

Next I took the election results for each of the past three presidential races (the last three all used 2000 census data) and changed my program to look for the minimum subset of the electoral votes actually carried by the winner that still ensured victory. All three required less than 25% of the popular vote for victory (the 2004 minimum solution required 271 electoral votes, not just 270). We can also approach the inherent unfairness of the electoral college another way, by assuming each state's electoral votes per percentage of population is the same. This makes all states more equal, but the very "all or nothing" nature of the system would still allow victory with (270 / 538) * .5 = 25.09% of the popular vote, since you only need just barely over 50% of each state to win all its electoral votes. For this last calculation I ignored the proportional vote system of Maine and Nebraska for simplicity. The rough bottom line is this: a candidate for president can win 75% of the popular vote and still lose the electoral college.
2008: winner is in blue
270 electoral votes
24.0566% of popular vote actually required (includes US territories)

2004: winner is in red
271 electoral votes
24.33% of popular vote actually required (includes US territories)

2000: winner is in red
270 electoral votes
24.575% of popular vote actually required (includes US territories)

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