"The theory of McMullin’s candidacy seems to be thwarted by two factors. The first is the 12th Amendment to the Constitution, which kicks in if no candidate gets a majority of electoral votes. If either of the two major candidates fails to obtain a majority in the Electoral College “then from the persons having the highest numbers (of electoral votes) not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President.” For this to happen, McMullin would need to win Utah’s electoral votes to qualify -- he would not be constitutionally eligible to be president if he didn’t win any electoral votes."
https://www.conservativereview.com/commentary/2016/10/evan-mcmullins-kamikaze-mission
https://www.conservativereview.com/commentary/2016/10/evan-mcmullins-kamikaze-mission