Explained: What Happens If The Results Of US Presidential Election 2020 Is Disputed?

The race to the White House is getting tighter and there are speculations that the final outcome may be disputed. Know what can be expected in such a scenario.

New Delhi: The US Presidential election is a nail biter this time with a very narrow difference between votes in most places so far. While the Democrat leader, Joe Biden seems to be getting closer to a majority, President Donald Trump has raised questions over the counting of votes, especially in battleground states. He has alleged fraud in the vote-counting process and said that the election is rigged.

Trump is especially concerned about mail-in ballots and has accused without any evidence that the mail-in ballots are a way to cheat in the election. Mail-in ballots were initially used due to health concerns during the Covid-19 health crisis, and as per opinion polls are expected to favor Biden and in some states.



With such a tight race there are concerns that final results may be contested.

Here's how it can be done

Legal Action

Trump has already filed lawsuits in Georgia and Michigan courts against the counting of votes. A report by Reuters says that a close election could lead to litigation, especially in battleground states. There could be a repeat of what happened in 2000 when Bush and Al Gore were locked in a tight battle. A recount was initiated in the swing state of Florida when Florida SC had ordered a statewide manual recount of “undervotes.” Bush then immediately asked the U.S. Supreme Court to reverse that decision. Gore accepted the Supreme Court’s decision and conceded the election to Bush.

While early trends this time showed Trump leading, most mail-in ballots are favouring Biden. It is to be noted that Trump appointed Amy Coney Barrett known for her conservative ideology as Supreme Court justice just days before the election.

Electoral college

In the United States, an electoral college which is a group of presidential electors votes for the President or Vice President. The voters are therefore actually voting for the presidential electors on the general ballot. Each elector represents one electoral vote and there a total of 538 electors. For winning the presidency, a candidate needs to gain a majority of the votes - 270 or more electoral votes. In most states, there is a 'winner takes all policy', that is the candidate who wins the popular vote gets the electoral vote.

The Reuters report says that the governors usually certify the results in their respective states and share the information with Congress. But in such a case that the governor and the legislature submit two different election results the Congress may pass the Electoral Count Act (ECA) in 1887.

Under this act, each chamber of Congress will separately decide which disputing electors to accept. At present, Republicans hold the Senate while Democrats control the House of Representatives. The electoral count will be conducted by the new Congress, which will be sworn in on January 3.

Contingent election

In case none of the candidates secures a majority, then it will trigger a 'contingent election' which is part of the 12th Amendment of the American Constitution. In this case, the House of Representatives chooses the next president, while the Senate will select the vice president. A contingent election also takes place in the event of a 269-269 tie after the election.