WASHINGTON: Despite incomplete results from several battleground states that could determine the outcome of the US presidential race, PresidentThe premature move confirmed worries Democrats had voiced for weeks that Trump would seek to dispute the election results. That could set off any number of legal and political dramas in which the presidency could be determined by some combination of the courts, state politicians and Congress.
The US president is not elected by a majority of the popular vote. Under the Constitution, the candidate who wins the majority of 538 electors, known as the Electoral College, becomes the next president. In 2016, Trump lost the national popular vote to Democrat Hillary Clinton but secured 304 electoral votes to her 227.
But some academics have outlined a scenario in which the governor and the legislature in a closely contested state submit two different election results. Battleground states of Pennsylvania, Michigan, Wisconsin and North Carolina all have Democratic governors and Republican-controlled legislatures. Ned Foley, a law professor at Ohio State University, called the ECA’s wording “virtually impenetrable” in a 2019 paper exploring the possibility of an Electoral College dispute.
The parties could ask the Supreme Court to resolve any congressional stalemate, but it’s not certain the court would be willing to adjudicate how Congress should count electoral votes.A determination that neither candidate has secured a majority of electoral votes would trigger a “contingent election” under the 12th Amendment of the Constitution. That means the House of Representatives chooses the next president, while the Senate selects the vice president.
Pelosi says she decide.
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