Rick Hasen: “There is a decent chance we will not know whether Trump or Harris has won by Nov. 6, the day after the election. There may also be bumps in the road during the weeks before Congress counts the Electoral College votes on Jan. 6. Trump’s campaign co-manager Chris LaCivita signaled in July that a postelection legal and political battle lies ahead: ‘It’s not over until he puts his hand on the Bible and takes the oath…. It’s not over on Election Day. It’s over on Inauguration Day, ‘cause I wouldn’t put anything past anybody.’”
“No doubt we’re on track for another tense postelection season. The race is now looking very close, which leaves more room for uncertainty on Election Day and beyond. States such as Pennsylvania and Wisconsin have failed to pass laws that would let them process mail-in ballots more quickly before Election Day, which means that Trump could again appear to be ahead on election night only to see his lead disappear as more votes are counted. He may again declare victory prematurely.”
“But there is also some good news: The country is now in far better shape to avoid the kind of protracted mess we saw in 2020. The fact that we are no longer facing the emergency demands of a pandemic is a big help, but no less important are the electoral guardrails that have been put in place since then.”
