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What Now? The Next Steps in the American Democratic Process



Neil: The US Presidential election ended this month with a flash, drawing a painfully slow cycle to a close, and yet by the media frenzy that continues stateside it would appear that the election is far from over. While Joe Biden is the projected winner of the election, having carried several contests won by Trump 4 years ago, the road to a Biden Inaguration on January 20th of next year spells anything but smooth sailing- for the american public just as much as officials in Washington. To make a detailed roadmap a quick read, here are the next steps for Biden’s move to DC or a Trump interception of the presidency.


Recounts, Recounts, Recounts (and Court Cases)


The path to a recount differs from state to state- in general, margins of less than half a percentage point can be contested by a candidate and a recount can be requested. That’s the case in Georgia, where after the state certified Biden’s narrow victory this week following a recount, Trump has again exercised his right to request a recount. It is unclear if Georgia is the pillar of Trump’s reelection argument, but is expected that the intensity of his efforts in Pennsylvania, with 20 electoral votes, will also rise soon. He would still need a midwestern swing in Wisconsin or Michigan to achieve a majority. In the meantime, his team will continue to argue their point in courtrooms, hoping for an unlikely change in result.


Biden’s a Working Man


While Trump’s agenda these past few weeks has been an uphill battle, Biden is sitting mighty comfortable at the top. The former Vice President has talked little of the republican challenge to his projected victory, and instead is focusing his efforts on a smooth transition. Biden has met with union leaders, governors and other high-ranking officials in government to establish his plan of action, which centers around a strong COVID response. In the coming weeks these efforts will become more detailed especially as his cabinet selections become clearer.


To contest in the Supreme Court, or to not contest in the Supreme Court?


Is that Trump’s question at the moment? Or is a matter of whether the nation’s highest court will even hear a case that’s already been thrown out of the courts that usually pass it up to them? The incumbent has mentioned the court in a few tweets and speeches, and they certainly hold the power to decide a close election. In 2000, with the race coming down to Florida, the court ruled against further recounts which gave George W. Bush just 271 electoral votes and the presidency. However, even finding the legal ground to contest the results, let alone win the cases and reroute 37 electoral votes from Biden, would be just shy of a miracle.


The Electoral College


On December 14th, the Electoral College (a group of officials who will cast votes in favor of their state’s popular winner) will meet in Washington D.C. to make their results official, officially. This is widely seen as the point of no return, and the results of that meeting are essentially set of stone. If Biden is certified as the winner after the 14th, less than a month away, Trump’s challenge is effectively over and the president will have to hand off the reigns to his successor.



"I do solemnly swear that I will faithfully execute the Office...”


January 21st is the day when the next presidential term beings. If he is successful in what would be the most impressive overturning of an election result in American history, Donald Trump will make his second inaugural address against a backdrop of the Capitol building. If Biden’s victory follows the course it’s on, Joe Biden will be sworn in as the nation’s 46th president. Time will tell.


Image: Wall Street Journal

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