Judges are generally reluctant to decide elections, as the Supreme Court controversially did in 2000. As a result, Trump’s flurry of litigation could wind up throwing the election to the House.
Judges can intervene in elections, but the Supreme Court really prefers not to.
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The GOP is hoping the ghosts of Florida past will tilt the race in Trump’s favor. But Joe Biden’s apparent electoral lead in numerous key states may insulate his win from such legal challenges.
Trump falsely declaring a win in the early hours of Nov. 4, 2020, the day after the US election, as ballot counting continued in Pennsylvania and other battleground states.
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Five of the six disputed presidential elections in US history were resolved and the country moved on – but one ended in civil war. What will happen if the 2020 election is contested?
What will judges do? And when will they do it?
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Federal election law is riddled with uncertainties. And that’s not a good situation for the country if it finds itself in the middle of a contested election.
What happens when an election is contested?
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The presidential election outcome seems to be at least partially in dispute. Six scholars provide a history of contested elections in the US and explain what happens when the results are challenged.