David Graham: “Imagine that as November 3, 2020, ticks away, President Donald Trump holds a small lead in one or more key states such as Pennsylvania—perhaps 10,000 or 20,000 votes—and seems to have enough states in his column to eke out an Electoral College win. Trump declares victory, taunts Joe Biden, and prepares for a second term. But the reported results on Election Night omit tens of thousands of votes, including provisional ballots and uncounted mail-in votes. Over the coming days, as those votes are counted, Trump’s lead dwindles and eventually disappears. By the end of the week or early the next, Biden emerges as the clear victor in Pennsylvania—and with that win, captures the race for the presidency.”
“If that’s how things unfold, Trump is unlikely to take defeat snatched from the jaws of victory graciously. He has already spent months attempting to delegitimize the election system. So imagine that he instead cries fraud and insists he’s the target of a criminal Democratic coup. What if he encourages his supporters to take to the streets, where there are violent clashes between partisans? He might even urge the Republican-led Pennsylvania General Assembly to submit a slate of Trump-backing electors, citing the Election Day returns, even if the full tally clearly shows Keystone State voters chose Biden. The hypothetical of a blue shift reversing the early projected winner is the ‘nightmare scenario,’ according to the election-law expert Rick Hasen. Either Trump or Biden could win by a sufficient margin to make the result clear on Election Night; it’s also possible that multiple states might see a decisive post–November 3 blue shift, creating even more chaos. ‘You don’t need to worry about Russia,’ Edward Foley, a law professor at Ohio State, told me. ‘Simply anxiety over a blue shift and willingness to litigate about it and fight about it could cause a raging contestation over a presidential election.'”