May The Best Man Win: Trump v Biden

There was a frosty air as the Republican nominee Donald Trump and the Democrat nominee Joe Biden took centre stage at the first election debate of 2020. With the two veterans going head to head for their first presidential debate of the election season.Two men both well into their 70s, vying for the top spot as the 46th President of the United States of America. Donald Trump, the ex-television personality and business man and Joe Biden the political veteran. Both men were raring to go with insults, half-truths and a ton of hairspray for what turned out to be an eventful night. Sitting and watching the debate unfold it was hard to believe these men were both wanting a chance at another term in the White House, with Joe Biden having been Obama's vice when he assumed position in January 20, 2009.

There were some key issues raised in the debates last night with probing questions. Fox News anchor Chris Wallace adjudicated over the boxing match debate, and seemed to have had enough, at times; telling the President that his campaign team had agreed to the rule that both candidates should have two minutes uninterrupted during each section - and urging him to abide by it. By the end of the first of six sections, Joe Biden was already looking weary.

"Why don't you shut up, man?" he moaned.

During a heated 90 minutes, the nominees clashed over everything from the state of the economy to the handling of the coronavirus pandemic. Truths and facts were thrown around like two children in a play ground argument. Trump stated on one occasion that; ”We built the greatest economy in history”. However, there have been times in US history when the economy was stronger. Mr Biden also threw about figures of his own, on the topical debate of the Covid-19 pandemic stating: “[America] have 4% of the world's population, [but] 20% of the deaths” This is roughly correct; however, looking at coronavirus deaths per capita, there are a number of countries which are worse than the US. Showing perhaps that Mr Biden and Mr Trump were just out to get each other on a political stage.

The insults started early, Mr Biden stating "Everything he's saying here is simply a lie, everybody knows he's a liar," during an exchange about healthcare. He also called Mr Trump "the worst president this country has ever had”; whilst a dumbfounded Chris Wallace tried to keep the peace between the two men.

Voting minds

The debate did not appear to dramatically move voters who watched in either vote preferences or their overall impressions of the two candidates, as polls suggested. A majority of debate watchers (57%) said that Tuesday's debate did not affect their choice for president, while the minority who said they were moved were more apt to say they became more likely to vote Biden (32%) than Trump (11%). Biden was, however, viewed as having better addressed concerns about his candidacy (59% Biden to 37% Trump). Favourable views of both candidates were largely steady (62% had a favourable view of Biden, just 35% had a favourable view of Trump) when compared with the pre-debate results among the same people (60% had a favourable view of Biden, 37% had a favourable view of Trump).

Judging by the first round of fighting debate by Trump and Biden it is little surprise that the parties may not take the outcome lightly; with “may the best man win” not being so clear cut and simple.

It’s conceivable that either candidate will refuse to accept the result, whether before or after the counting of absentee or mail-in ballots. That could lead to several lawsuits to stop the counting, to keep counting or to force a recount. Amid what will likely be a flood of charges, countercharges and a lot of heated rhetoric from campaigns and supporters, there are prescribed legal processes that will play out in the event of election challenges. Here is how that will likely work So, what happens next?

With only a few exceptions, states run elections. By virtue of Article 1, Section 4 of the Constitution, state law governs almost every facet of the electoral process, including most aspects of voter eligibility, the location and hours of polling places, candidate access to the ballot and the members of the state’s Electoral College. Consequently, electoral challenges must begin – and often will end – in state courts, which will apply that state’s laws. A candidate who wants to challenge the result in any particular state must first identify what provision of state law the election did not satisfy. In a closely contested national election, where the results in some states are in doubt and may be for many days, this will likely result in several cases being filed simultaneously in several states, and by both major party candidates.

Congress has also provided that each state must have a mechanism for resolving any disputes that arise and that the state’s determination “shall be conclusive.”In most cases, this means that state law, as interpreted and applied by state courts, will determine which candidate wins that state’s electoral votes. Ordinarily, a decision by a state’s highest court about how to apply a state law cannot be appealed to a federal court. In such a case, the final decision in an election challenge rests with the state’s supreme court.

As seen in the 2000 case of Bush v. Gore, however, there are times when a federal court can hear an election-related case. For a contested election case to be taken up by a federal court, there must be an allegation that federal constitutional rights, such as 14th Amendment claims to equal protection or due process of law, have been violated.

The hope, evidently is that nothing will go this far, however; what will happen remains to be seen.

Ready for round 2? You’ll have to wait until Thursday, October 15 for the rematch.