If Trump Tries to Hijack the Election, We Must be Ready to Resist TIP’s report says “there is a chance” that “Trump will attempt to convince legislatures and/or governors to take actions — including illegal actions — to defy the popular vote.”
Barton Gellman reported in The Atlantic that “the Trump campaign is discussing contingency plans to bypass election results and appoint loyal electors in battleground states where Republicans hold the legislative majority.”
If states refuse to certify or report slates of electors to the Electoral College, that will result in “underpopulation” and force the election into the House of Representatives, according to Carpenter. “[I]f the Electoral College is underpopulated and the courts don’t intervene, or maybe even if they do, the election is thrown to the House,” he said. The states would then vote by delegations. The Democrats have a majority of members, but the Republicans have a majority of delegations because each state has equal voting power and there are more red states than blue states.
A constitutional crisis could result if the legislature of a state submits a vote certificate that is different from that which the state’s Democratic governor submits, and the GOP-controlled Senate disagrees with the Democratic-controlled House. The conflict would invariably end up in the Supreme Court.
Trump wants Amy Coney Barrett on the high court to resolve just such a dispute in his favor. Barrett did research and provided assistance with briefing for Bush v. Gore, in which a 5-4 majority of the Supreme Court overturned the Florida Supreme Court’s order of a statewide manual recount in a very close election.
Barrett, who helped install George W. Bush as president, would likely be a loyal foot soldier in Trump’s army as well.