Presidential Vote 2020 Cheat-Sheet:
What If No Clear Winner Quickly Emerges?

By Kelly O'Connell —— Bio and Archives November 1, 2020

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Introduction An army of pitiless lawyers sit coiled snakelike, ready to strike for the 2020 presidential election. We've know highly-contested elections in one state – Forida's Bush v Gore 2000. But this year boasts anger, ambition and palpable need for revenge beyond anything in recent memory. Article II, Section I of the US Constitution says presidents serve a four-year term. Trump's first term officially ends January 20, 2021, but what if then we still don't have a winner? Half of Americans currently believe the winner won't be known soon after the election. Here are the possible outcomes. 

I. Contingent election: No Majority in Electoral College

A. 270 Electors to Win If no candidate claims overall Electoral College majority of 270, a  Contingent Election is declared. The 12^th Amendment directs the House of Reps to elect the president while the Senate elects the vice president. Each House state delegation casts one en bloc vote to determine the president, instead of individual House reps each voting. For example, California with 55 total US reps still gets just one Democrat or Republican vote. Then, Senators cast votes individually for vice president. Should this fail by March 4, 2021, Vice President Mike Pence assumes the presidency. B. Litigating the Election Or, if the matter is litigated, and if it lies unresolved after Jan 20, then in 3 US Code § 19, the Presidential Succession Act establishes whom assumes the presidency during a vacancy of both offices of president and vice president. If a new Congress is sworn in by Jan 20, next in line is speaker of the House of Reps. This person acts as president until the election is settled. 

II Ballots & Late Arrivals

A. Mail-in Ballots With unprecedented numbers of mail-in ballots from COVID fears and campaign fervor, and some states allowing extensions for ballot arrival, the table is set for drama. First, lawsuits to extend the cutoff will proliferate. All must be counted, seesawing back and forth the lead. Then many ballots will fail the strict rules, causing more lawsuits. Hanging chads, anyone? This could cause the election to stretch weeks or months before winners are declared. Remember voting rules are being amended regarding mail-in ballots as the process itself continues unabated.

B. Rejected Ballots A higher number of mail-in ballots are rejected, compared to in-person voting. Some 750,000 ballots were refused between 2016 and 2018 elections. With 1-2% percent rejected , and with perhaps 70 million mailing it in, a million ballots might be rejected. Recalling Trump won some states by a few thousand votes, this could easily affect the outcome. For example, currently in Wisconsin, Pennsylvania and Michigan – rejected mail ballots from 2020 primary elections surpassed the margins of victory in 2016. Adding to discontent will be statistics suggesting minorities, females and youth have more ballots rejected. In Georgia, a lawsuit seeks to "correct" rejected ballots while the ACLU is already suing to include late ballots. C. Reasons for Rejection Ballots are rejected for 2 main reasons – missing a signature or arriving late. Says CBS NEWS: "A missing signature, an unverified signature, or late arrival are the most common reasons for a ballot to be rejected, according to the U.S. Election Assistance Commission report from the 2016 election. In that election, 318,728 ballots — just under 1% of returned absentee ballots — were rejected across the country." Courts across America have litigated this for months, with 175 suits in 43 states by Aug 15. 

III. Regretful Voters

After the 2^nd Trump/ Biden debate, the most popular Google search was, "Can I Change My Vote?" Shocked voters reacted when Biden boasted he'd close America's oil industry for transition to "green energy." Also, introduced was the Biden's alarming dealings with the Ukraine, Russia and China with perhaps $40+ million paid to Joe's family. So, to the question – "Can I change my mail-in vote" – surprisingly, in some states you can. In New York, Michigan, Minnesota, New Hampshire, and Wisconsin, you can redo your vote before the election.

CONCLUSION

There is a plan for a contested, contingent or delayed election. Two US elections were decided in the US House of Representatives.  In the event of an Electoral College tie, the House would decide through a process that would allow each of the 50 state delegations one vote. The best bet is make sure you, your family and friends vote. Further, volunteer as a polling place volunteer or a ballot verification monitor. Most of all, remember God is sovereign over all human activity. There is nothing to fear, while putting faith in the source of all human liberty and democratic expression, who can't be stymied by mere appeals to threadbare secular philosophy or unstable human will.