Trump will claim there were electoral irregularities and that he was robbed, and refuse to accept the result.
This is plausible, considering that's how he characterized the election he won. It wasn't enough that he won the electoral vote and secured the office. He had to come up with some explanation for why the popular vote should also have been in his favor. Not surprisingly, he claimed polling irregularity and refused to accept the popular votes report.
Then watch to see how many of his supporters come out and repeat that line, brandishing their rifles.
This is no empty threat. Consider what happened with Pizzagate, and that's a relatively small-scale claim.
Even worse if he wins a second term and decides at the end of it that he wouldn't mind a third.
To do so legitimately would require an amendment to the Constitution, but we live in strange times. I won't predict what three-fourths of U.S. States will do.
The other thing that makes me nervous is from an article I linked a couple of weeks ago - a hypothetical in which Trump convinces a bunch of states with Republican governors to change their voting laws so the state governments allocate the Electoral College votes...
Interesting. I'm not sure there are many States whose governors have that ability themselves. I think the legislatures would also need to comply. The U.S. Constitution specifies that each State is free to choose its electors in whatever way it desires. In practice I want to say that's typically established in each State by statute, which needs a legislature to make changes. That's the short version.
In Utah, presidential electors are chosen according to our statue 20A-13. Each party that has registered its intent to field a candidate for U.S. President and Vice-President nominates candidates for electors. Qualifications for registration as a party are established by statute. Non-partisan candidates may qualify by collecting at least 1,000 signatures, paying the filing fee ($500), and completing the required paperwork at the Lt. Governor's office, including similar requirements for the associated candidate for Vice-President. The independent candidate as a party
per se simply chooses the appropriate number of persons as his candidates for elector. I believe, according to the 12th Amendment, he cannot serve as his own elector. In any case, there must be the proper number of electors as set forth in the U.S. Constitution -- for us, six. And, of course, in order to really matter, the candidate must be on the ballot in more than one State, and will have to comply with that State's particular practice of choosing Electors.
Utah recognizes six national political parties and one state party. The latter is pertinent to this discussion. The United Utah party is trying to attract moderates from both major parties. I don't think it is recognized as a party in any other State, so any candidate it would field for President would be effectively ineligible.
All elections in Utah are administered by the Lt. Governor and conducted by the county clerks. The election of presidential electors is by a plurality of the general plebiscite. The Lt. Governor certifies the results of the election to each elector. If he certified a different elector, he would be in violation of state law. If he failed to certify any or all electors, he would be in dereliction of his duty and susceptible to a judicial writ of
mandamus and any punishment attached to disobeying that. (We still have a number of Federal judges who aren't Trump appointees.)
If an elector refuses or is unable to vote, the relevant party appoints a substitute according to their by-laws, or the independent candidate names an eligible substitute by any means of choosing. Although not required, it is customary for candidates and parties to submit and pre-certify a list of alternate electors. Utah has a faithless-elector law; if an elector votes for any person other than the candidate for President who nominated him, he is considered no longer an elector, his vote is disregarded, and a new elector is selected by the customary means.
The electoral vote must take place in the State. The statute names the Lt. Governor's office as the place of the election, and there is a formula established in statute for determining the date and time. Again, if the Lt. Governor abdicates any part of that, he is personally liable in various ways. Further, if the place becomes unavailable (e.g., the Lt. Governor locked the door), then statute provides that the U.S. Congress may designate a new time and place for the duty of elector.
If the Governor himself tried to interfere in any way, since he has executive authority over his lieutenant, then he would bear the consequence of suborning whatever illegal act he directed.
What if the Governor and the Utah Legislature conspire to change the laws? The Utah Constitution has a voter initiative provision by which propositions that attain enough voter support can be placed on the general ballot and voted upon, whereupon if they pass they become law without executive assent. This includes repealing laws passed by the legislature by anything less than a two-thirds majority vote. Ironically this provision harks back to Utah's colonial days when, upon becoming a state, Utah feared that the Federal government would attempt to install legislators, governors, and judges of its own choosing. It left nearly all ultimate power in the hands of the people. So at least someone else was thinking about this possibility.
Typically the Secretary of State in each State prepares and certifies the electoral vote, and transmits it under seal to the President of the U.S. Senate in the manner prescribed in the Constitution. Utah has no Secretary of State. The Lt. Governor performs all the duties typically assigned to a Secretary of State, for federal purposes. Conceivably he could certify a different vote fraudulently, but this could not happen without discovery or without remediation. The electoral vote of each state is carried under seal into the Senate chamber by the State's delegation to Congress, unsealed, and announced in the presence of the entire Congress.
In the 2020 election, this duty will be performed by Vice-President Mike Pence, the nominal President of the Senate. Conceivably Pence could ignore the certified vote and fraudulently announce others. But there is a provision in the counting of the electoral vote that allows any State's vote to be challenged. This was actually done during one of the votes that elected Barack Obama -- it was a Birther claim challenging Obama's eligibility. When this happens, the House meets to hear the challenge and vote on it. Here again, presuming that the Trump organization and not any Utah agent was the guilty party, the Utah delegation to Congress could indeed raise an objection at this point to any shenanigans on Pence's part. The House would then have to consider it.
This lengthy elaboration is meant to show how much tampering would have to occur before the operation of the Electoral College, as Utah is concerned, became so compromised as to elect a President by executive fiat.