A practical guide to defending the Constitution in a contested 2020 election by Zack Malitz, Brandon Evans, and Becky Bond Last updated October 14, 2020 Contact us at
[email protected] PREFACE “Get rid of the ballots and you’ll have a very peaceful — there won’t be a transfer, frankly. There will be a continuation.” – Donald Trump, September 23, 2020 “Rule #1: Believe the autocrat.” – Masha Gessen, Autocracy: Rules for Survival Introduction written October 11, 2020 We are days away from the most important election of our lifetimes. If everyone is able to vote and every vote is counted, Donald Trump will lose this election. But, if Joe Biden doesn’t win in a landslide, a narrow margin of victory may not be sufficient to ensure that Biden is sworn in as our next president. We believe that in a close election, Trump is likely to try to overturn the results of the election by disrupting the normally perfunctory process of casting and counting Electoral College votes. If that happens, we will be in dangerous and uncharted waters. Many people are skeptical that it will come to this. They argue that Trump will try to save face by claiming the election was rigged against him but won’t try to hang on to power after losing an election. After all, there’s no precedent for a president attempting to seize power in spite of losing an election. In the United States, none of our elections have been fully free and fair – many people have been and continue to be denied full voting rights – but after every presidential election in our history a loser has conceded to a winner and worked to accomplish a peaceful transition of power.