As of the first writing of this, all fifty states have either been officially called, or are close enough to have a presumed winner. This means that without further action, Joe Biden has won the election with an electoral vote count of 306-232. This is an important data point because, even if you are of the extreme minority opinion that this election is not yet over, this at least gives a starting point of exactly what Trump would need to overcome in order to succeed in a court-fueled comeback. And that number is 38 Electoral Votes.
38 Electoral Votes is not anything to scoff at. Especially when there are only a small handful of states in which the vote was close enough to warrant any sort of recount or legal contention.
The following states are where either the possibility of a recount, or where active/discussed legal actions exist:
Pennsylvania (20)
Georgia (16)
Michigan (16)
Arizona (11)
Wisconsin (10)
Nevada (6)
Using these states as a starting point, we can draw out the potential paths Trump could theoretically explore in order to try and remount a comeback. Mathematically, there are 13 paths for Trump Victory, and 3 paths for a Electoral College Tie (which would then move to Congress to break).
Trump Victory if Following States are Overturned:
– PA + GA + AZ
– PA + GA + NV
– PA + GA + WI
– PA + MI + GA
– PA + MI + AZ
– PA + MI + NV
– PA + MI + WI
– PA + AZ + WI
– GA + AZ + WI + NV
– MI + AZ + WI + NV
– GA + MI + NV
– GA + MI + AZ
– GA + MI + WI
Electoral College Tie
– PA + AZ + NV
– GA + AZ + WI
– MI + AZ + WI
As you can notice above, of the 13 (+3 tie) paths, 8 (+1 tie) require Pennsylvania, and the remaining 5 (+2 tie) require Michigan and/or Georgia. So no matter what you are hearing about Nevada, Wisconsin, or Arizona, without one of the three larger states, Trump has no path towards a conclusive victory.
Constitutionally, Trump has four different methods of trying to overturn this election:
First, the most Democratic, yet also least likely, path would be for Trump and his campaign to push for Recounts in the states in which he lost the popular vote. The rules for a recount vary state by state.
Second, another very unlikely scenario to flip a state in favor of Trump, but could lead to a better chance for him in the two remaining methods outlined below, would be successful litigation within a state in question. Short of tangible proof of miscounting or destruction of votes (of which none has been presented), no lawsuit is likely to change the count or winner in any state this election. Instead, it would be more likely to delay the certification of results in a state. Which brings us to:
Third, a complicated and potentially drawn out strategy, and the one it appears the Trump campaign is most focused on at this point, is to prevent states from certifying their results. By Federal Law, all states must certify their election results six days prior to the Electoral College Vote, which is set for Dec. 14th, 2020. This means all states MUST certify by Dec. 8th, 2020. However, most states (and all of the states involved in this current mess) have State Laws in place that move that date even sooner. If a state fails to certify ahead of the Federal date, how they are accepted, if at all, would be up to Congress. If a state fails to meet their State deadline, that State’s legislature could become a factor in which Electors are set to meet and vote on the next President of the United States. It is worth noting that TEN of the twelve houses of legislation in the six states in question are Republican Majority. Only Nevada has a Democratic Majority in both of their houses.
Lastly, faithless electors. Real quick for those who don’t know the process: When we vote for a President under the Electoral Collage, we don’t actually vote for the person on the ticket. Instead, we are voting for a representative within that candidate’s party to cast one of the nation’s 538 Electoral Votes on Dec. 14th. On a Federal level, there is nothing in the constitution that prevents any of these 538 individuals from all deciding to go against their state’s certified results, therefore becoming what is called a “Faithless Elector”, and instead casting their votes for Kanye West on that date. However, don’t panic. Most states (almost 30 of them) have some sort of system in place to prevent this from happening. This is incredibly unlikely to be an issue come Dec. 14th, but it is 2020, so I felt the need to bring it up. But in all reality, assuming all of the states are adequately certified, Trump would need 38 Democratic Representatives (out of 306) to randomly change their mind and decide that he is the better choice. I’ll also remind anyone who is sincerely concerned about this scenario, that never in the history of the Electoral College has a Faithless Elector ever changed the results of the election. And only ONCE did a Faithless Elector ever change their vote to the candidate from the opposite party.
As you can see above, the Election Process in this country is complicated to say the least. And while there are technically still avenues for Trump to try and made headway, the reality is that it is very much like a team being down by five or six touchdowns with less than two minutes remaining in the game. Sure, he could Hail Mary, On-Sides Kick, Hail Mary, On-Sides Kick, again and again and hope to somehow pull off a miracle, but the truth is, there just isn’t enough time to realistically do what he is trying to do, and if he couldn’t pull off a win in the first 58 minutes, what does he think will change now?
If you’re interested in trying to dive deeper into the specific laws and deadlines of each state in question, or to find out more information about which lawsuits are still going on, or what the likelihood of a Statewide recount might be in each state, I’ll be creating a different post for each state that compiles all of that information. Just click on the state below for more information.
Pennsylvania | Georgia | Michigan | Arizona | Wisconsin | Nevada