President Trump had seen it coming in when he predicted in September that the election could eventually be passed on to Congress, where he has the advantage to win.
“We have an advantage if we go back to Congress,” claimed President Trump.
“Does everyone understand that? I think it's 26 to 22 or something because it's counted as one vote per state,” he continued and told his supporters, “we actually have an advantage.”
Speaker of the House Nancy Pelosi also warned Democrats to prepare for the possibility. In a letter, Pelosi wrote, “If Trump can't win at the ballot box, he wants the House to deliver him the presidency.”
How then could Trump be re-elected through Congress?
Paul Engel, a speaker and author of “The Constitution Study,” explains how things could play out.
Engel said that “technically, there is still no president yet. What has only been a milestone is an election for electors.”
The electors are to cast votes on December 14 that would decide the presidency. However, with ballooning allegations, disputes in several states for the election result.
Engel said there are deadlines for the state to appoint electors. However, if the election still cannot be cleared due to emerging fraud and irregularities, the state legislature can scrape the citizen-vote election and directly appoint the electors. Under the Constitution, state legislators have the final authority to appoint the electors who would eventually vote for the presidency.
Republicans largely control state legislatures in several states where mainstream media have already called for Biden. The said states include Michigan, Pennsylvania, Wisconsin, Georgia, Arizona.
In such a case, Congress would have to decide whether to count the votes. Otherwise, neither Biden nor Trump gets the 270 electoral votes.
The author said that even if one of the candidates does not get a majority but a plurality, the decision would be turned over to the House. The Senate would elect the vice president. However, the House votes would be by state delegation, not per house member, i.e., California or New York, or Wyoming get one vote.
The GOP currently has unified control in 24 states, with both the state legislature and the governors being Republicans.
On the other hand, Democrats only have control over 15 states. The rest are split.
Even when the Republicans with the state legislature confirm Trump as the president, a strong backlash is expected.
Engel predicts most Americans would see it as an attempt to steal the election even if it's under the Constitution.
“Because most Americans know so little about the Constitution … they're gonna see this as shenanigans, even though you're actually following what the Constitution and the law says; we still misunderstand it,” said Engel.