AFTER THE ELECTION: WILL TRUMP HAND OVER POWER IF HE LOSES?

President Trump’s refusal to commit to a peaceful transition has many Americans concerned about civil unrest and legal battles if Trump is not declared the winner on Nov. 3.

These anxieties are not unfounded – even if the nation’s election laws are very clear on the matter.

Consider the ongoing response by the president, and others.

In July, during an interview with Fox News, when probed on the matter, Trump said, “You don’t know until you see. It depends.” He then claimed that mail-in voting, which Democrat leaders have pushed as a response to the coronavirus pandemic, “is going to rig the election.

Asked if this means that he would not accept the election results, he said, “No. I have to see.” Pressed again for a definitive answer, he said, “No, I’m not going to just say yes. I’m not going to say no, and I didn’t last time (in 2016), either.”

At a White House news briefing on Sept. 23, a reporter asked the president, “Will you commit to making sure that there is a peaceful transferral of power after the election?”

Trump replied, “Well, we’re gonna have to see what happens. You know that I’ve been complaining very strongly about the ballots, and the ballots are a disaster

“Get rid of the ballots, and we’ll have a very peaceful – there won’t be a transfer, frankly. There’ll be a continuation,” he added

During the Oct. 7 vice presidential debate, moderator Susan Page asked Vice President Mike Pence, “If (former Vice President) Biden is declared the winner and President Trump refuses to accept a peaceful transfer of power, what would be your role and responsibility as vice president?”

Rather than reassuring Americans that there would be a peaceful transition of power, Pence dodged the question.

On Oct. 15, during a town hall-type session moderated by NBC’s Savannah Guthrie, Trump said, “They spied heavily on my campaign, and they tried to take down a duly elected sitting president, and then they talk about ‘will you accept a peaceful transfer?’ And the answer is, yes, I will, but I want it to be an honest election and so does everybody else.”

He then added, “When I see thousands of ballots dumped in a garbage can, and they happen to have my name on it, I’m not happy about it,” without further elaboration.

Trump has been orchestrating plans to dispute the election by sowing seeds of doubt regarding the legitimacy of mail-in ballots and our election process. According to many politicians and legal scholars, he is likely to refuse to concede if the vote goes against him.

The trend has hardly gone unnoticed.

“A peaceful transfer of power is the cornerstone of a healthy democracy,” said “Daily Show” television host Trevor Noah. “And by Trump saying that he refuses to leave peacefully, he’s basically threatening a coup.”

For American citizens already on edge due to fears of public violence, and federal law enforcement’s previous deployment to protests in various cities, such as Portland, the president’s refusal to guarantee a violence-free transition is alarming and frightening. Throughout social media, discussions centered around civil war are increasing.

So, what does happen if the presidential election is contested? It is essential to keep in mind that the U.S. Constitution and federal law guarantee that there will be a president on Inauguration Day, Wednesday, Jan. 20, 2021.

All the states will have more than a month to count and recount their votes, including the increase in mail-in ballots this year. Disputes may head to the courts, as they did in 2000 when George W. Bush ran against Al Gore. Weeks after the November election date, the Supreme Court ruled that time had run out for Florida to recount its ballots and ended the recount

Now, Trump has stated that he is “counting” on the Supreme Court to “look at the ballots.” Republicans have suggested taking the issue of state electors (those individuals designated to formally file the official election result) to the Supreme Court, where the party hopes to gain the right to choose electors who favor Trump in so-called “red” Republican-leaning states

This year, the states’ electoral votes are due to be cast on Dec. 14. The candidate receiving at least 270 electoral votes would then be named president.

If there is still a dispute, the 12th Amendment could come into play. According to the 12th Amendment, the newly elected U.S. House of Representatives determines who will be president, while the new Senate selects the vice president.

If the House fails to elect a president by Inauguration Day, the 20th Amendment takes over. It says the vice president-elect acts as president until a new president is picked.

If no vice president is elected, the Presidential Succession Act applies: This states that the speaker of the House of Representatives, the Senate president, or a cabinet officer, in that order, would act as president until there’s an official president or vice president.

Since 1792, there has been a peaceful transition of power in the U.S., despite historically contested elections – as in 2000. While Americans eagerly await the election result this time, we can all hope that the results are clear, uncontested, and peaceful.