• The Democrats stole the election fair and square. Of course I don’t mean that literally; what I mean is that the election was effectively stolen months ago before any ballots were cast when legislatures (and sometimes governors and state courts such Pennsylvania) changed the voting rules to allow expanded mail-in voting, and the cascade of related vulnerabilities that followed. Republican legislatures that went along with these COVID-induced panic changes were foolish if not derelict in their duty. And the Trump campaign was negligent in not fighting against this months ago. President Trump was correct to warn about this outcome. Why wasn’t his campaign better organized to resist this months ago? (I know they did file a few lawsuits, a few of which had some effect, but it wasn’t enough.) I suspect the long-rumored campaign infighting and attention to other things distracted Trump’s senior campaign managers from paying sufficient attention to this.
• Fraud is very easy in our election system. Remember that our elections are run by part-timers, amateurs, and volunteers on the county level in America—and we have over 3,000 counties. In such a diffuse system it is easy to conjure up a few dozen votes here, a few hundred votes there. Or worse. It is at once a glory of self-government in America that we actually conduct our elections in this decentralized way involving tens of thousands of citizen volunteers. It is also astounding that we use such a vulnerable and chaotic system to choose our president.
• So the problem with vote fraud is that a remedy is difficult to apply. There aren’t good remedies. If a race is within a few hundred votes or less, a recount or ballot challenges can work to reverse the outcome, though not often. The plain fact is that once a fraudulent ballot is inside the ballot box and counted, it is very hard to get it back out of the box and un-counted. Fraudulent ballots need to be intercepted before they reach the ballot box. It is likely not possible to disqualify enough ballots to change the outcome in three states, which is what Trump would need. The statistical anomalies of this election are good circumstantial evidence of vote fraud, but exactly which ballots, or which vote totals, do you change, and how?
No court is going to overturn an election result on circumstantial evidence and affidavits of incorrect polling place procedure alone. (I reserve judgment for the time being about the Dominion computer system question.) And the thorough fact-finding necessary for judicial intervention would take time that we haven’t got. This is why both the Constitution and most state election statutes make the legislatures the arbiters of presidential election results.