Albany Law School professor: Legal challenges from Trump administration won’t change election results

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ALBANY, N.Y. (NEWS10)- There are lawsuits challenging election results in multiple states and as of November 11, no acknowledgment from President Donald Trump’s administration that Joe Biden is the next president of the United States. It may leave people wondering how much room there is for the Trump administration to legally challenge election results.

The answer, according to Ava Ayers, the Director of the Government Law Center and Assistant Professor at Albany Law School, is none. Even if President Trump won all the current lawsuits, there is still no way for him to win the election because he did not receive enough electoral votes.

But what does that mean?

Citizens in each state vote for their presidential candidate. The candidate with the most votes “wins” the state along with the state’s electoral votes. Each state is granted a specific number of electoral votes based on population. The presidential candidate who wins more than 270 electoral votes becomes the next president.

Every state must certify its results by December 8. The Electoral College will meet on December 14 and electors from the party of the candidate that won the state place their vote. The votes will then be tallied and delivered to Vice President Mike Pence in a joint Senate and Congressional meeting on December 23, according to the National Constitution Center.

What are electors?

Is it likely that the inauguration of President-elect Joe Biden would be delayed beyond January 20? No, said Ayer. Because the founding fathers feared a scenario in which the sitting president would not leave office, there are laws and systems in place to prevent that scenario from playing out.

There may be much of the constitution that is not clear, but the rule stating the outgoing president must relinquish their position by noon on January 20 is resolute, Ayers said.

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