What has Donald Trump said about the transition of power after the 2020 US election?

Donald Trump
President Donald Trump speaks during a campaign rally at Capital Region International Airport
AP
April Roach @aprilroach283 November 2020

Donald Trump’s warnings of a “rigged election” have prompted concerns about a smooth transition of power should he lose to his Democrat rival Joe Biden.

The US president has even raised the prospect of a legal battle if he fails in the polls on November 3.

Mr Trump previously questioned the legitimacy of the electoral process during the final weeks of the 2016 campaign, making unsubstantiated claims that the vote was rigged against him.

Now, with the nation gripped by the coronavirus pandemic and Mr Trump trailing in the polls, he appears to be working from the same playbook.

US Elections 2020: Trump v Biden First Presidential Debate

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What has the president said?

On multiple occasions Mr Trump has refused to commit to a peaceful transition of power if he loses the election. Such a move would defy more than two centuries of precedent.

“Well, we’re going to have to see what happens,” Mr Trump told a White House press conference when asked about what he would do win, lose or draw.

He said the “ballots are a disaster” and, pressed over rioting in the States, he added: “Get rid of the ballots and you’ll have a very peaceful – there won’t be a transfer, frankly, there’ll be a continuation.”

Mr Trump has warned of a “rigged election” in what many have interpreted as him trying to delegitimise a result that polling has consistently indicated will not go in his favour.

He has also accused the Democrats of using “Covid to steal an election” and centred a lot of his criticism on postal voting. There is no evidence of his claims on postal voting and the Democrats attempts to “steal an election”.

Donald Trump
Donald Trump and First Lady Melania Trump at a rally in Tampa, Florida on Thursday
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What is the issue with postal voting?

Mr Trump has falsely claimed that there have been “big problems and discrepancies” with mail-in ballots as he pressed for a final total of the count on November 3.

But some states will continue to count mailed-in votes for days, and many see his warnings as an attempt sow distrust in the integrity of the election.

Mr Biden’s campaign is braced for the Republican to use the so-called “blue shift” in votes, where the Democratic tally increases as postal ballots are counted, to allege the election was being stolen by fraud.

There have already been Supreme Court challenges this election over postal ballots in Pennsylvania and Wisconsin, but any major challenge is likely to be over some nuance that is not yet clear.

White House press secretary Kayleigh McEnany clashes with reporter over alleged lost mail-in ballots

How could the result be challenged?

Mr Trump, in September, said it himself: “I think this will end up in the Supreme Court.”

“I’m counting on them to look at the ballots, definitely,” he later added.

In the wake of Justice Ruth Bader Ginsburg’s death, Mr Trump spoke of needing a replacement to bring the number of justices sitting in the court to nine so no tie can be possible. That ninth justice, Amy Coney Barrett, is the third to be picked by Mr Trump.

The appointment, which was particularly controversial as it came so close to the election, swayed the conservative balance on the court to six justices against three.

Any decision down party lines, however, would risk further politicising the court. A key figure to watch would be chief justice John Roberts, who has sided with liberals on controversial issues.

President Donald Trump stands with newly sworn in U.S. Supreme Court Associate Justice Amy Coney Barrett
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Has the Supreme Court intervened before?

Yes, and the judges were key in the outcome of the highly contested 2000 election between George W Bush and Al Gore.

The race was so close that it came down to the result in Florida, where the pair were separated by just a few hundred votes.

Bitter legal battles ensued and a recount saw rows over the validity of “hanging chads”, punch-card ballots that had not been fully perforated.

But a controversial Supreme Court ruling ended the recount, five to four in favour of Mr Bush, who won the election when his Democratic opponent conceded defeat.

Any legal battle this year could make that one look like a playground scrap/

Joe Biden slammed Donald’s Trump comments on handing over power as ‘irrational’
AP

What has Mr Trump’s Democratic challenger said?

Mr Biden has said his opponent’s comments on handing over power were “irrational” and his campaign is preparing for any “shenanigans” from the president.

Hillary Clinton has warned Mr Biden not to give up the fight for the White House regardless, having herself lost to Mr Trump in 2016 despite winning the popular vote.

“Joe Biden should not concede under any circumstances because I think this is going to drag out, and eventually, I do believe he will win if we don’t give an inch and if we are as focused and relentless as the other side is,” she said.

Additional reporting by PA Media.