Politics Wait, Wait, Don't Inaugurate: Why The U.S. The Tuesday deadline was put in place by a piece of 130-year-old legislation widely criticized as " almost unintelligible." The process is continuing, and what has been clear for a month is still clear: Joe Biden will be the next president. as another nail in the coffin," tweeted Rick Hasen, an election law expert at the University of California, Irvine. "Despite the media trying desperately to proclaim that the fight is over, we will continue to champion election integrity until legal vote is counted fairly and accurately," said attorneys Rudy Giuliani and Jenna Ellis.īut experts say Tuesday's deadline further limits what Trump's allies in Congress can do in terms of contesting the results. Trump's campaign team released a statement Tuesday attempting to downplay the deadline. Foley said.Politics Trump's Legal Losses Come Fast And FuriousĬourt losses have continued to pile up for President Trump, and experts have already written off his ongoing crusade against the presidential election results as a disinformation campaign. “I do think it is a fundamental problem in our American political system that we have this vulnerability that we have not fixed, even though we have come close to this disaster before,” Mr. The country faced an equivalent situation in 1876, when claims of voter fraud forced a special electoral commission to decide the election just two days before the inauguration. 6, with two candidates each still claiming to have won, said Mr. It is possible that Congress could fail in its job on Jan. Each state’s delegation gets only one vote, so a candidate would need 26 votes to win. No majority: If the count reveals that the candidates are tied or if no candidate receives a majority, then the House of Representatives votes to choose the president. Members of Congress can challenge or reject the electoral votes, though that process is complicated and rare. That figure is 270, unless Congress disqualifies a state’s electoral votes. A candidate needs a majority of the votes to win. One candidate wins a majority: Congress counts the electoral votes from each state in alphabetical order, with the vice president presiding. Election law experts caution the governor and legislators could disagree about the outcome and could each choose to appoint rival slates of electors supporting different candidates. Bush, even as the courts were still handling the recounts.ĭisputes may not end there. In 2000, Florida’s Republican-majority Legislature voted to select a slate of electors backing George W. A state legislature could decide that election results, still in dispute, are unlawful and select their own electors. Unresolved by deadline : A state legislature has the authority under the Constitution to appoint the state’s electors, regardless of the status of the popular vote, and particularly when a state hasn’t made a decision by the safe harbor deadline. Nebraska and Maine assign electors by congressional district, and two votes go to the winner of the statewide vote. Most states appoint their electors to the winner of the statewide popular vote. Resolved by deadline: If the outcome of a recount or a dispute is swift, a state can appoint its electors, and the governor will prepare a certificate detailing the popular and electoral votes. Recounts and legal challenges could threaten a state’s ability to meet the deadline. This is known as the “safe harbor” deadline. This year, the deadline to choose electors to ensure their votes are counted by Congress is Dec. States must appoint their electors before the Electoral College meets to formally cast its votes. ![]() In North Carolina, the independent State Board of Elections could get the final word.Īnd in every state, the legislature can step into the process to choose electors. ![]() In Texas, the governor has the sole authority to settle presidential election disputes. In some states, members of the executive branch or other bodies have a say. Results contested: Disputes over whether election officials are counting too many ballots or too few could set off a wave of litigation in both state and federal courts that could ultimately find its way to the Supreme Court. In the 2000 presidential election, a narrow margin in Florida triggered a recount in all counties, and Al Gore later filed suit to force hand recounts in four predominantly Democratic counties. In other states like Iowa and Nevada, candidates can request a recount regardless of the margin. ![]() Recount: In some states, like Florida, Ohio and Pennsylvania, the state initiates an automatic recount if the unofficial voting margin is close.
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