2016 Postmortem
Related: About this forumWhat would happen if Trump Refuses to Accept Election Results
After Wednesday nights debate, the pundits and various media personalities are now focused entirely on Donald Trumps apparent admission that he wont commit to accepting the election results. Well, precisely, he told Fox moderator Chris Wallace, I will look at it at the time. I will keep you in suspense.
The reaction has been intense. The Associated Press opened their article about the debate by saying that Trump threatened to upend a basic pillar of American democracy. CNNs David Gregory said his comments, undermine our democracy, its way outside the tradition of our democracy and presidential races. University of California-Irvine election law professor Rick Hasen said, Trumps gambit may be planned or, more likely, hes just making it up as he goes along. It is no joke. Our democracy is a fragile thing which depends upon accepting the rules of the game. Clearly, this is serious stuff. And Trumps unwillingness to commit to respecting the election results is pretty unprecedented.
But from a purely legal standpoint, http://lawnewz.com/uncategorized/what-actually-happens-if-donald-trump-doesnt-accept-election-results/
https://www.quora.com/What-would-happen-if-Donald-Trump-lost-and-refused-to-concede-the-election
In_The_Wind
(72,300 posts)stonecutter357
(12,693 posts)doc03
(35,293 posts)ColemanMaskell
(783 posts)Q:What would happen if Donald Trump lost and refused to concede the election?
A:Geoffrey Widdison, Been following US politics as long as I've been able to vote.
Written 6d ago
Legally, nothing. The election results will be validated, Hillary Clinton will be sworn in, and Trump's refusal to concede will mean nothing. In principle, he could file a lawsuit to prevent the results from being validated, but that lawsuit would certainly be dismissed as having no merit.
Pragmatically, it's hard to say. He could very easily hold a big rally full of rabid supporters and give an angry speech about how the election is rigged, our democracy has been stolen, and he's the rightful president. That could set off a rash of vandalism and petty violence across, it's even possible that his rally could devolve into a full-blown riot. That would result in a lot of people being arrested and sentenced on various charges. Trump, when asked about it, would deny being responsible for the violence, then say "my supporter love this country and want this country to be great again!" In principle, he could be charged with inciting violence, but it would be hard to make those charges stick, and it would probably just make the situation worse.
In theory, his insistence that the election isn't valid could lead to the formation of some kind of armed resistance movement (or movements) in rural areas. That may, in fact, happen, but it's unlikely to amount to much more than a lot of gatherings and big talking before it fizzles out and everybody goes back to work.
In theory, Trump could gather his followers in the government and military (apparently, many members of the military are pro-Trump) and try to organize a coup to put him in power. That's highly unlikely though. Whatever their political leanings, most military members have a strong devotion to the Constitution and the established Chain of Command. They may grumble at who's in charge, but I doubt there are many people so angry that they'd turn their guns on their own superiors. Given that such an attempt would be treason, which would inevitably end up with the coup leaders being executed, I doubt Trump would want to sink his toes into that particular pond.
Realistically, a lot of Trump supporters will be very, very pissed off, and will insist that this proves the country has truly lost its way. Then they'll go home, watch Fox News telling them the same thing, and go to bed, just like after every other election.
NCTraveler
(30,481 posts)And I don't think he has the funds to do much of anything. Trump blabbering on the TV about things being rigged is nothing new. It would actually be out of place if he didn't.
ColemanMaskell
(783 posts)With any luck hed declare himself President in Exile, move to the Azores, and wed never hear from him again.
HAB911
(8,867 posts)MADem
(135,425 posts)Which means "Not a god damned thing."
He can pout, and he can go home. We will move on without him. He won't lead, so he can either follow or get the hell out of the way.
But from a purely legal standpoint, what actually happens if come November 8, Donald Trump refuses to accept the election results? Honestly, depending on the circumstance, most likely not much of anything. Trump could file lawsuits, and challenge the various results in different states. He could even organize protesters to hit the streets. However, in most situations, the U.S. Constitution is pretty clear on telling us who would win. Bush v. Gore in 2000 gave us a rare example of what could happen if the popular vote in a state is very, very close. But the chances of having another situation like Florida are remote. In fact, the latest polls have Clinton ahead from 4 to 11 points. However, we are still a few weeks away from Election Day. So lets go through a few potential scenarios.
...So if Clinton wins 270 or more of the 538 electoral votes, then there really is no wiggle room for Trump here, Clinton will win. If Trump doesnt like it, he can send his supporters to the streets or file legal action, but a court would abide by the Constitution and decide in Clintons favor.
HAB911
(8,867 posts)I wouldnt be allowed to say it.
Article 94 of UCMJ defines sedition, in part, as: Someone with the intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise do his duty or creates any violence or disturbance is guilty of mutiny.
ColemanMaskell
(783 posts)From the same quora link:
Timothy Witt
18 US Code Chapter 115. If Trump were to encourage people to disobey the new administration/elected government as illegitimate, it would be sedition. His refusing to concede the election alone is not sedition. It will be looked at as whining.
leftynyc
(26,060 posts)Ignore him and rejoice that we have elected the first woman President.
Response to HAB911 (Original post)
ColemanMaskell This message was self-deleted by its author.
tavernier
(12,368 posts)to make himself feel better. And no, he won't chose from any of his female political fan club. They have no idea how he talks about them when the rally is over.
hedda_foil
(16,371 posts)Once the electoral college has voted, the outgoing House members (not the newly elected representatives) vote to accept the EC's result. Each state delegation gets one vote. Remembering how many teabagging creeps were swept in n 2010 and 2014, there's a possibility that the House might just vote against the EC and for Mr Muck. It could come down to which Clinton states have a majority of Trumpites in their House delegation. If it's enough to flip the election, I have a feeling the traditionalists in their party would go along with them.
No,the House vote isn't supposed to do this, but this bunch doesn't care about that.