First of all, it’s important to note that Joe Biden is not officially US President-elect, he is only referred as “President-elect” because he is projected to win the November 3rd election.
This might be confusing for those who don’t understand US electoral process. To break it down to you, Biden’s win has to be certified by Chief Election Official in each of America’s 50 states before he can officially be called “US President-elect”.
At the moment, vote counting is still continuing in a handful of states and as such the results of the presidential election can’t be called in. And for instance in the state of Georgia the ballots will be recounted because of the small margin between Biden and Trump’s votes.
Trump has also filed a series of suits against Biden in battleground states where the latter defeated him, or he is in the lead. These cases have to be concluded before the winner is also declared.
It’s only after December 14th that Biden can formally be referred as ‘President-elect’ and Kamala Harris as ‘Vice President-elect’.
Once vote counting is completed in all 50 states, electors will cast their electoral vote on December 14th based on the certified election results from their state to officially declare the winner of November 3rd.
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The US Constitution calls for states to choose the presidential electors, who in turn gather to vote for the president.
This is where it gets interesting; of the nine swing states (Florida, Georgia, Iowa, Michigan, North Carolina, Ohio, Pennsylvania, Texas, Wisconsin) eight have Republican legislatures. If one or more decide that voting was chaotic and marred by irregularities, they could send what they regard as the legitimate slate of electors, which would be Republican.
Congress will convene on January 6th to tally the electors’ votes, there would be challenges to the legitimacy of some electors. Congressional Republicans would agree that disputed states should not be counted. That would ensure that neither candidate would get to 270 electoral votes needed for one to be president.
In this event, where both Biden or Trump would have failed to secure the 270 electoral votes, the US Constitution directs that the House of Representatives vote to determine the presidential election in this event.
Yes Democrats currently have the majority in House of Representatives (218 to Republicans’ 202), but when it comes to voting for president it’s something totally different. Legislators from each state will only cast their votes as a single vote, as in there are only 50 votes allowed each representing 50 states that make up USA.
If the current numbers hold, there would be 26 state delegations that are Republican and 23 Democratic (with one tied), so the outcome would be to reelect Trump. Yes in Trump’s own words, “legally” elected by House of Representatives to be president for a second term.
This is why you see Republicans are claiming vote fraud in the swing states where Trump trails Biden. But the route to House of Representatives voting for president is a long short, you see the Supreme Court in each state must first agree there was vote rigging like Trump claims to clear the path for Trump to use the backdoor to win a second term.
Cases filed by Trump alleging vote fraud have been thrown out of court in most states, so don’t be alarmed just yet. Biden will likely be sworn in as President come January 20th 2021.
