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History repeats? What happens if Trump and Harris both win on Nov 5; the aftermath of the US election

ByAditi Srivastava
Nov 06, 2024 06:29 AM IST

As the U.S. election heats up, Kamala Harris and Donald Trump are neck and neck. Millions of votes are still uncounted, and if both claim victory, it could…

The U.S. election is in full swing, with the outcome hanging in the balance between Kamala Harris and Donald Trump in this razor-tight race. As the battle for the White House enters its final stretch, the possibility of both candidates claiming victory on November 5 has set off a wave of “what ifs.”

US Vice President and Democratic presidential candidate Kamala Harris and former US President and Republican presidential candidate Donald Trump (AFP)
US Vice President and Democratic presidential candidate Kamala Harris and former US President and Republican presidential candidate Donald Trump (AFP)

With millions of ballots still to be counted and the result too close to call, tensions are in the air for what could become a political showdown. If both Harris and Trump declare themselves the winner, we could be in for a dramatic replay of the 2000 election saga.

America holds 47th presidential election: Harris Vs Trump

Vice President Kamala Harris and former President Donald Trump are locked in a fierce battle for the presidency after months of campaigning and pledging a better future for the nation. Tens of millions of voters are expected to cast their ballots on Election Day, adding to the 83 million who have already voted early, AFP reports.

Also read: Harris vs Trump: America decides in knife-edge election as US VP says ‘every single vote matters’

Harris and Trump remain neck and neck in the swing states. As the world watches with bated breath and concerns of a potential World War III in the background, questions are in the air: What happens if neither candidate secures enough votes to win—or if both claim victory?

What happens if both Harris and Trump win?

If such a scenario were to unfold—a real possibility given the massive support for both candidates—it would echo the historic 2000 presidential election. Back then, the race between Republican George Bush and Democrat Al Gore was so tight in Florida that the margin was less than 0.1%.

Also read: Why is America testing a hypersonic nuclear missile on Election Day, once the polls close?

Both sides deployed legal teams, accusing each other of conflicts of interest, leading to a landmark Supreme Court ruling on December 12, 2000, which resolved the recount dispute and determined the outcome. In a similar situation involving Harris and Trump, both could also turn to the Supreme Court, which might step in and order a recount to settle the election.

What is the Bush Vs Gore case?

The state’s Supreme Court ordered a recount of over 61,000 undervotes, which are ballots that machines failed to register. Bush's campaign asked the U.S. Supreme Court to stop the recount, arguing that it was unfair because different counties used different counting standards.

On December 12, 2000, the Supreme Court, in a close 5-4 decision, halted the recount, saying it violated the Equal Protection Clause of the Constitution. This ruling gave Bush Florida’s 25 electoral votes, securing his victory with 271 total electoral votes. The case was highly controversial and played a big role in shaping the outcome of the election.

While things might be different in Trump vs. Harris as provisional ballot count rules are also being implemented, which may delay the outcome but will likely result in a fair winner by the end of the count, if the situation still arises, the candidates may take this matter to court.

What if Both Harris and Trump tie or fail?

In such a case the matter will likely land in the hands of the congress. In the United States, the outcome of the presidential election is decided by the 538-member Electoral College. Each state is assigned a number of electors based on its representation in Congress. All states, except for Nebraska and Maine, grant their electoral votes to the candidate who wins the statewide popular vote. Should neither Kamala Harris nor Donald Trump reach the majority threshold of 270 electoral votes, the U.S. Constitution requires Congress to step in and make the final decision.

If the 2024 election ends in a 269-269 tie in the Electoral College, the decision shifts to the House of Representatives in a "contingent election." Each state gets one vote, regardless of population size, to decide the president. This process, was last used in 1800 during the Jefferson-Adams race.

Meanwhile, Trump sounds quite confident after casting his ballot. "I feel very confident," Trump said. "I hear we're doing very well everywhere." He added that this was the "best" of all campaigns he ran. "It won't even be close, But it's gonna take a long time to certify."

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