The presidency seemed to be anyone's game, as polls saw Carter win key swing states due to the spoiler effect, while Reagan was neck-and-neck with the incumbent President throughout the South. It was in these circumstances that Bush's campaign manager privately contacted Spiro Agnew. In exchange for an unknown amount of money, Agnew endorsed Ronald Reagan and made a speech praising his platform as “akin to what I would do”. Reagan's ratings dipped, but he still held strong due to the aggressive promotion being delivered by televangelists like Jimmy Swaggart, Jim Baker, Pat Robertson and Billy Graham. They painted George H.W. Bush as a “traitor to the Christian values this country was founded upon” for his support of the 27th Amendment and his opposition to an amendment that would ban abortion. In response to these criticisms Bush said “Why should I be considered a traitor for pledging to uphold the Constitution as it stands?”
When election night rolled around on November 4th 1980, Reagan managed to carry Alabama (9), California (45), Indiana (13), Mississippi (7), North Carolina (13), South Carolina (8), Virginia (12) and Washington (9) for a total of 116 votes. Bush took Alaska (3), Arizona (6), Colorado (7), Connecticut (8), Florida (17), Idaho (4), Illinois (26), Iowa (8), Kansas (7), Maine (4), Michigan (21), Montana (4), Nebraska (5), Nevada (3), New Hampshire (4), New Jersey (17), New Mexico (4), North Dakota (3), Oklahoma (8), Oregon (6), Texas (26), South Dakota (4), Utah (4), Vermont (3), and Wyoming (3) for a combined 205 pledged electoral college votes, and finally, Carter ended up with 217 votes from Arkansas (6), D.C. (3), Delaware (3), Georgia (12), Hawaii, (4) Kentucky (9), Louisiana (10), Maryland (10), Massachusetts (14), Minnesota (10), Missouri (12), New York (41), Ohio (25), Pennsylvania (27), Rhode Island (4), Tennessee (10), West Virginia (6) and Wisconsin (11). The popular vote was split fairly evenly between Carter (39.6%), Bush (40.1%) and Reagan (21.3%).
The race was once again without an absolute majority winner, and the Democratic Congress made Carter a sure bet for victory. This was put into doubt when Ronald Reagan issued a Shermanesque statement of concession on December 8th, before endorsing George H.W. Bush as 'the people's choice for President'. When the Electoral College cast their votes on December 9th, the electors from California, Indiana and Washington gave the votes they had pledged for Reagan to George Bush, bringing his total from 205 to 272.
Carter was outraged, as California and Washington both had laws prohibiting such practices. Thus he took his plight to the Supreme Court, who ruled on December 12th 1980 in the case Carter v. Bush that electors have a constitutional freedom to vote as they may chose in the electoral college, and that state governments do not have the power to enforce pledges, despite retaining the ability to require them (Ray v. Blair). Thus, on January 20th 1981, George H.W. Bush became the 42nd President of the United States.