What happens if the US election result is contested?

As the US presidential election draws near, many observers are anticipating a razor-tight race. 
Given recent polls and political polarisation, the result of the 2024 election is becoming increasingly difficult to predict. 
Vice President Kamala Harris and former President Donald Trump are running exceedingly close, with Harris’ support resting on stronger personal appeal, while Trump relies on a die-hard base and has a perceived advantage in handling the economy.
When elections are this tight, the potential for disputes over the outcome increases, leaving voters and politicians alike wondering what happens if the result is contested.
What is a contested election?
A contested election occurs when the legality or validity of the results is challenged, often based on claims of procedural violations or concerns over voting integrity.
Challenges can range from minor disputes over vote counts to large-scale legal battles over state outcomes, and in a presidential election, such a scenario could lead to months of uncertainty.
Why could an election be contested?
Several pathways could bring about a challenge, including litigation, disputes over the winner, or a failure to secure a clear majority in the Electoral College. Here’s a breakdown of key scenarios:
Each candidate has the ability to contest election results in any given state, based on alleged violations in voting procedures. Reasons for filing election-related lawsuits vary by state, but common grounds include:
– Violations of federal law: Claims that federal voting standards weren’t met.
– Failure to count postal or absentee ballots: Instances where ballots sent by mail, or those cast in advance, were not included in the final count.
– Allegations of voter suppression: Claims that voters were unfairly prevented from casting ballots, whether through administrative errors or other means.
States have their own processes and laws for election challenges, so each dispute depends on specific local rules. 
However, a state-level lawsuit can sometimes escalate to the federal level, even reaching the US Supreme Court. 
A prime example of this escalation occurred in 2000 when the Supreme Court ultimately decided the Florida recount in favour of Republican George W Bush, ending the race against Democrat Al Gore.
Election litigation has risen sharply over the past few decades, fueled in part by heightened scrutiny of voting processes and increased political polarisation. 
This year, lawsuits are expected to reach new heights and both Republicans and Democrats are preparing for a potentially lengthy battle in the courts over the results of the 2024 election.
Dozens of lawsuits that could set the stage for challenges after the votes are counted are already playing out in courts across the country. Most have been filed by Republicans and their allies. 
Many of the cases involve challenges to mail-in balloting, ballots from overseas voters and claims of voting by people who are not US citizens.
Democrats, meanwhile, warn that election deniers installed in key voting-related positions nationwide may refuse to certify legitimate results and prompt litigation.
Candidates must receive the most statewide citizen votes to be awarded all the electoral college votes for that state. To win the presidency, they must receive the majority of the electoral votes, which equates to at least 270.
It means that in some instances, a candidate may win the national popular vote but still not take the presidency. In 2016, Trump had a lower total vote share to Democrat Hillary Clinton but secured 304 electoral votes to her 227.
If no candidate is able to secure the majority, a contingent election would be triggered. 
In such cases, the House of Representatives would elect the president, with each state delegation casting a single vote, while the Senate would select the vice president.
There have only been two instances of this throughout US history: In 1801, when Thomas Jefferson was declared president over Aaron Burr and in 1825 when John Quincy Adams was selected over Andrew Jackson. 
Governors are usually responsible for certifying election results in their states and submitting this information to Congress. 
But there is the potential for a conflict if a governor and the state legislature submit differing election results. 
In battleground states such as Pennsylvania, Michigan, Wisconsin, and North Carolina, which feature Democratic governors and Republican-controlled legislatures, this scenario could arise. 
During the 2000 election, the Republican-controlled Florida legislature contemplated submitting its own electors before the Supreme Court concluded the contest between George W Bush and Al Gore. 
Additionally, the 1876 election saw three states appointing “dueling electors,” which led to the creation of the Electoral Count Act (ECA) in 1887.
Under the ECA, each chamber of Congress is tasked with deciding which slate of electors to accept. 
Currently, Republicans hold the Senate while Democrats control the House of Representatives, but the electoral count will be conducted by the newly sworn-in Congress on January 3. 
If a disagreement arises between the two chambers, the outcome remains uncertain.
Will there ever be a chance that a president won’t be elected? 
All election-related disputes must be resolved by the ‘Safe Harbor Deadline’ on December 8 and Congress then must either accept or reject the results. 
It is nearly impossible that a decision will not be reached by Inauguration Day on January 20. 
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