Trump could stay in power even if he doesn’t win the election. The Constitution allows it.
By declining to commit to a peaceful transfer of power, President Trump has agitated many who fear he will refuse to leave office even if he loses the November election — and may even resort to violence. The terrifying reality is that there are also several mechanisms that are legal and constitutional that could enable Trump to stay in office without actually winning the vote
The system of electing the president is complicated because it was not designed to be directly democratic. The Constitution calls for states to choose the presidential electors, who in turn gather to vote for the president. Over time, states have passed laws that ensured their state’s popular vote for the presidency would determine the electors. But those are laws, not a constitutional obligation.
Now, imagine the scenario during election week: Trump is leading on Nov. 3, but Democratic nominee Joe Biden gains ground in the days following. Republicans file objections to tens of thousands of mail-in ballots. Democrats file countersuits. Taking account of the confusion, legislatures decide to choose the electors themselves.
Trump won’t commit to peaceful transfer of power
Asked on Sept. 23 if he would commit to a peaceful transfer of power if he loses the election, President Trump said, “We’re going to have to see what happens." (The Washington Post)
Here’s the worry. Of the nine swing states, eight have Republican legislatures. If one or more decide that balloting is chaotic and marred by irregularities, they could send what they regard as the legitimate slate of electors, which would be Republican.
Democrats may object and file lawsuits. In some of those states, Democratic governors or secretaries of state could send their own slates of electors to Washington. That would add to the confusion, but that might well be part of the Republican plan. When Congress convenes on Jan. 6 to tally the electors’ votes, there would be challenges to the legitimacy of some electors. Congressional Republicans would agree that disputed states should not be counted. That would ensure that neither candidate would get to 270 electoral votes.
At that point, the Constitution directs that the House of Representatives vote to determine the presidential election. But it does so with each state casting a single vote. If the current numbers hold, there would be 26 state delegations that are Republican and 23 Democratic (with one tied), so the outcome would be to reelect Trump. Trump does not need to do anything other than accept this outcome, which is constitutional.
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https://www.washingtonpost.com/opinions/trump-could-stay-in-power-even-if-he-doesnt-win-the-election-the-constitution-allows-it/2020/09/24/d9371bb0-fe97-11ea-9ceb-061d646d9c67_story.html