Can Trump annul the election result?



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Anthony Zurcher
North American Reporter

@awzurcherOn twitter

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  • 2020 U.S. elections

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Almost two weeks after Joe Biden was projected as the winner of the US presidential election, Donald Trump still refuses to budge. Do you have a plan to reverse the result?

The president’s legal strategy to challenge the election results appears to be falling on deaf ears in courts across the country. Trump’s team has yet to achieve a meaningful victory, or present evidence of widespread electoral fraud, after filing dozens of lawsuits.

Its lead attorney, former New York City Mayor Rudy Giuliani, said Thursday that the campaign was abandoning its legal challenges in Michigan, which Biden won by more than 160,000 votes.

In Georgia, the state has certified its election tabulations, which give Biden a lead of just over 12,000 votes after the state conducted a manual recount of nearly 5 million ballots.

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As the doors to stay in office slam shut, the president appears to be changing strategies to change election results from a risky legal tactic to a riskier political tactic.

A Step-by-Step Guide to Trump’s Strategy

This is what you can expect to do:

  1. Blocking the vote certification process in as many states as possible, either through lawsuits or by encouraging Republican officials to object
  2. Convincing Republican-controlled legislatures in the states that Biden won by a narrow margin to dismiss the popular vote results as corrupt because of widespread fraud.
  3. Have the legislature award your state electoral college votes, which are cast by “electors” on December 14, to Trump rather than to Biden.
  4. Do that in enough states (Wisconsin, Michigan, and Pennsylvania, for example) to knock Trump out of his current total of 232 electoral votes past the winning mark of 269 votes.
  5. Even knocking Biden out of 306 votes could work, because then the election would be decided in the House of Representatives, where, although controlled by Democrats, Trump would have an advantage due to some arcane rules.

What is Trump doing to make this happen?

He’s pushing the people who can potentially change who states elect for president.

When Americans vote in a presidential election, they are actually voting in a state race, not a national one. They are voting for state electors who will then cast one vote each for president. These voters generally follow the will of the electorate; In Michigan, for example, everyone should vote for Joe Biden because he won the state.

On Monday, a state canvassing board made up of two Republicans and two Democrats will meet to count the votes and officially confirm the votes of the 16 voters going to Biden.

The first indication that Trump was pressuring individual states to ignore their current vote totals came after reports that he had called Republican officials who had initially refused to certify election results from Detroit, the city. largest in Michigan.

The fact that two low-level party officials, out of thousands of pollsters from US counties, spoke directly to a US president was more than a little unusual. Ultimately, they reversed their decision to block the proceedings and then, after Trump’s call, expressed regret that it was reversed.

Those innuendoes became clear evidence of intent when Republican leaders in the Michigan legislature accepted a presidential invitation to visit the White House on Friday.

image copyrightfake images

The news has been accompanied by reports that the president intends to find other ways to pressure key state legislatures to review, and perhaps reverse, their election results.

What is often a mere formality during normal elections, the bipartisan certification of state vote totals, has become the latest battleground in the president’s attempts to maintain power for the next four years.

Could Trump really succeed?

It is not impossible, but the chances are very, very slim. First, the president would have to overturn the results in several states, where Biden’s leads range from tens of thousands of votes to more than 100,000. This is not 2000, when it all came down to just Florida.

What’s more, many of the states that Trump’s legal team is targeting – Michigan, Wisconsin, Pennsylvania, and Nevada – have Democratic governors who aren’t going to sit idly by while all of this happens.

In Michigan, for example, Gov. Gretchen Whitmer could fire the current state election board and replace it with one that is willing to certify Biden’s victory.

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Democratic governors could respond by nominating their own pro-Biden voters list to compete with those chosen by a Republican legislature, leaving Congress to decide which group to recognize.

However, that doesn’t mean that Biden’s supporters aren’t worried. While the odds of this happening are along the lines of the earth being hit by a giant meteor or someone being struck by lightning while winning the lottery, to be snatched from victory at this point would be such a cataclysmic political event that the remote prospect of such a possibility is enough to give the Democrats cold sweats.

Is this strategy even legal?

Trump has spent much of his time in the White House breaking presidential norms and traditions. It seems that the last days of his term will be no different.

However, the fact that Trump’s pressure on election officials and state legislatures is unprecedented or controversial does not necessarily mean that it is illegal.

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In the nation’s early days, state legislatures had broad powers to allocate their electoral votes, and there is still no constitutional requirement that they pay attention to the results of a popular vote. Since then, they have circumscribed those powers by allocating their votes based on the results of popular elections, but the foundations of the original system still remain intact.

If the president succeeds in convincing a legislature, such as Michigan’s, to act, the Democrats will surely raise legal objections. The law, both national and statewide, is confusing, as these kinds of things have rarely been the subject of litigation.

Could states retroactively change the laws governing the way they conduct their elections? Maybe. But it would be up to the judges to issue the final verdict.

Has anyone tried this before?

The last time a very close election involved a battle for voters was in 2000 between Al Gore and George W. Bush. That was a fight in one state, Florida, where the difference between the candidates was a few hundred votes. Eventually the US Supreme Court stepped in and stopped any further review, and Bush became president.

For a contested election involving multiple states, you must go back to the 1876 race between Republican Rutherford B Hayes and Democrat Samuel Tildon.

In that episode, controversial results in Louisiana, South Carolina and Florida meant that no candidate could win a majority in the Electoral College. The deadlock threw the election to the US House of Representatives, which ultimately sided with Hayes, who, like Bush in 2000 and Trump in 2016, won fewer votes domestically than his defeated opponent.

What if Donald Trump refuses to leave office?

If the president’s risky attempts to reverse the election results fail, at 12:01 p.m. on January 20, Joe Biden will be sworn in as the 46th president of the United States, whether or not Trump formally grants it.

At that time, the Secret Service and the US military are free to treat the former president as they treat any unauthorized individual on government property.

“What he’s doing is outrageous,” Biden said at a news conference Thursday. “Incredibly damaging messages are being sent to the rest of the world about how democracy works.”

Even if the president is unsuccessful, his apparent scorched-earth strategy of contesting the election results is setting a precedent for the upcoming election and, according to polls, undermining the faith many Americans have in the democratic systems and institutions of states United.

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