Abstract When analyzing Woodrow Wilson's narrow victory in the presidential election of 1916, students of the Electoral College have focused on the closeness of the popular vote in California. None of them have noticed that Wilson's victory in the Electoral College depended on non-enforcement of the Penalty Clause of the Fourteenth Amendment. Using Morgan Kousser's analysis of voter disenfranchisement across the South between 1880 and 1910, this article demonstrates that Charles Evans Hughes would have won the electoral vote if the Penalty Clause had been enforced when the House was reapportioned following the 1910 census.