With the US Presidential elections underway, the American people are only moments away from knowing who holds their reigns of the White House. Although technically the next President is to be announced in the month of January following the counting of electoral votes, it would be vastly understood as to who that person might be after the polling gets over today. However, to make matters a little more interesting, Republican nominee Donald Trump decided to take a call on accepting the results of the election, he had earlier alleged to be ‘rigged’. Now this has put the entirety of America into a big dilemma since every Presidential candidate has accepted the results out of respect of the democratic system.
There is a provision for challenging the results of the election. Although, this is only at a state level not the national. This means that though the results can be challenged after Tuesday’s polls, but this depends on the laws of individual states. Each state has provided a different set of laws to cater to the instances where votes are contested. In other states, votes can be recounted if there is a very minute difference in polls between candidates. However, it must be noted that recounting or challenging of the votes would only be accepted if any two candidates get through a touch and go situation.
The electoral votes can also be challenged during the counting period in January. According to IE, the US Federal Law says:
“Under federal law, an objection to a state’s Electoral votes may be made to the President of the Senate during Congress’s counting of Electoral votes in January. The objection must be made in writing and signed by at least one Senator and one member of the House of Representatives. Both the Senate and the House of Representatives debate the objection separately. The debate is limited to two hours. After the debate, both the Senate and the House of Representatives rejoin and both must agree to reject the votes.”
However, at the national level, the final count of the votes has never been challenged before, and neither is it legally permissible.
The amendment XII of the US Constitution, ratified in 1804, states the following:
“The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President.”
So in the case of Donald Trump losing the election and not accepting the results, Hillary Clinton still becomes the President of the United States of America.