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.
If the House of Representatives selects the president, each state would get a single vote – not one vote per House member.
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Biden and Trump are both preparing for a court battle in November. But when the Electoral College produces no clear winner, it’s the House of Representatives that’s supposed to select the president.
Will judges decide who wins the presidential election?
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Amid what will likely be a flood of charges, countercharges and a lot of heated rhetoric, there are prescribed legal processes that will play out in the event of election challenges.
With rare exceptions, like the 2000 presidential election, the winning candidate usually declares victory on election night. But the win isn’t actually certified until January.
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