Biden might win, but Trump could still be President – National Herald

The likely November 3 outcome that worries observers is this scenario: The voting boxes and machines might very likely reveal an early Trump lead, but as the postal ballots keep getting counted that lead will start whittling away. This will be keenly watched in currently borderline states like Pennsylvania, Michigan, Wisconsin, Texas, Georgia, and Florida, states that favoured Trump in 2016. Trump operatives are expected to scrutinise each and every postal ballot and challenge many. It is estimated that close to 1.3% of postal ballots are rejected on various technicalities. This suggests close to 110,000 rejected postal ballots. Remember in Florida in 2000 just 537 votes decided the outcome by requiring the Florida electoral votes to go to George W Bush. This time around hundreds of Trump lawyer operatives have fanned out and the electoral process can expect to get slowed down by the sheer weight of challenges. Trump has been quite blatantly signalling to his troops to hobble the postal ballot counting. He has now openly said it.

Postal ballots will have plenty of flaws for the Trump lawyers to seize upon. For instance, if a voter gives a different address, or a different version of his name such as Joe for Joseph or Richie for Richard, or if there is a variation in the signature, any one of them can become a ground for dispute. Now here comes the catch. The states are required to finalise the appointment of the 538 members of the Electoral College by December 8. The Electoral College will have to formally meet by December 14 to elect the President. The big question now is what next?

The USA and even the world are accustomed to choosing the Electoral College by popular vote, but nothing in the US Constitution says it has to be that way. Article II, section 1 states: Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress.

The Republicans control the governorships and state legislatures many of the decisive states. Thus, these states can, in the absence of a popular vote, appoint the Electors.

If that happens, given the predicted red states voting for him, Donald Trump might very well be deemed to have been elected or decide he is still the elected President of the United States. The matter will almost certainly have to be resolved by the US Supreme Court. But its tendencies are well understood.

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Biden might win, but Trump could still be President - National Herald

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