https://americanmind.org/salvo/what-happens-if-no-one-wins/
*This article was co-written with Robert J. Delahunty, a law professor at St. Thomas University.
The Constitution provides for election crises—and its provisions favor Trump.
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Conservatives and liberals agree on few things, but one of them is that the country may well see an election crisis this year. All of the ingredients seem to be present: a closely and bitterly divided electorate; the threat of violence and disruption on Election Day or after; and the unusual circumstances of the Covid-19 pandemic.
In this essay we provide a short roadmap through the main legal and constitutional issues that could arise if Election Day fails to result in a clear winner of the presidency, identify opportunities for political mischief, and explain why the weight of the constitutional structure favors President Donald Trump in a contested election.
Unusual Circumstances
A crucial fact in this year’s election is that, largely because of COVID, an unprecedented number of voters will vote by mail. According to the Washington Post, 84% of the electorate, or 198 million eligible voters, will be able to vote by mail this year. In the 2016 election, roughly 25% of the votes were cast by mail. This year, as many of half the ballots may be mailed in.
Republicans tend to prefer voting in person while Democrats tend to prefer absentee balloting. In the swing state of North Carolina, Democrats requested 53% of the absentee ballots and Republicans 15%. A July poll reported that 60% of the Democrats in Georgia, but only 28% of the Republicans, are likely to vote by mail.