Michigan’s attorney general has charged 16 people in a fake electors plot to overturn the 2020 presidential election. Here’s how the Electoral College works.
- Professor, Political Science Department, College of the Holy Cross
The 1887 Electoral Count Act spells out the process for Congress to convene and review election results on Jan. 6, and it requires both the House and Senate to uphold any challenges to Biden’s win.
Judges are generally reluctant to decide elections, as the Supreme Court controversially did in 2000. As a result, Trump’s flurry of litigation could wind up throwing the election to the House.
The presidential election outcome seems to be at least partially in dispute. Six scholars provide a history of contested elections in the US and explain what happens when the results are challenged.
Biden and Trump are both preparing for a court battle in November. But when the Electoral College produces no clear winner, it’s the House of Representatives that’s supposed to select the president.
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