The crucial day spelling trouble for Donald Trump
Donald Trump must face up to a crucial day that could push him to accept the hard reality he has been trying to deny since the US Election more than a month ago.
While Trump has struggled to accept his Democratic rival Joe Biden beat him in the race to the White House and was elected the next US president, Safe Harbour day in the US will officially mark Biden’s victory.
What is ‘Safe Harbour’ day?
Safe Harbour day is one of the most crucial dates following the election – December 8 (local time). It marks a deadline, set in 1887, for states to certify the results from the US election.
While the deadline is not mandatory, it solidifies a state’s results meaning they will not be doubted by Congress.
All states in the US are encouraged to certify their election results before the deadline.
The Safe Harbour day is six days before an Electoral College meeting, where electors from each state formally vote for the presidential candidate who won in their home state.
To win presidency, a candidate needs to secure at least 270 electoral college votes. In the 2020 election, Biden amassed 306 compared to Trump’s 232.
The deadline is seen like an insurance policy so the results can’t change between now and when votes are officially counted by the Capitol on January 6.
“What federal law requires is that if a state has completed its post-election certification by December 8, Congress is required to accept those results,” election law professor at the William and Mary Law School, Rebecca Green, said.
Can Trump still challenge the election result?
Despite the deadline falling on December 8, Trump can still push ahead with lawsuits to overturn Biden’s victory.
Judges say it would now be too difficult to overturn the results, however the Trump campaign signalled it would continue with legal challenges despite the deadline.
“The only fixed day in the US Constitution is the inauguration of the President on January 20 at noon,” Trump’s legal advisers Rudy Giuliani and Jenna Ellis said in a statement.
“Despite the media trying desperately to proclaim that the fight is over, we will continue to champion election integrity until the legal vote is counted fairly and accurately.”
Trump has tried to fight results in key states such as Arizona, Georgia, Michigan, Nevada, Pennsylvania and Wisconsin.
Most of his campaign’s lawsuits in state courts challenging those Biden victories have been dismissed, with the exception of Wisconsin, where a hearing is scheduled later this week.
What states have met the Safe Harbour deadline?
Ahead of Safe Harbour day, 47 states and the District of Columbia already certified their results. They can’t be challenged by Congress, and votes cast next week and sent to the Capitol for counting on January 6 must be accepted.
The results already lodged by those states still secure Biden the votes to win the presidency.
On Safe Harbour day, The Associated Press reported all states met the deadline, except Wisconsin, which was likely due to Trump’s lawsuit still pending in the state.
Judge Stephen Simanek, appointed to hear the case, has acknowledged that the case would push the state outside the electoral vote safe harbour.
Missing the deadline won’t deprive Wisconsin of its 10 electoral votes. Biden electors still will meet in Madison on Monday to cast their votes and there’s no reason to expect that Congress won’t accept them.
In any case, Biden would still have more than the 270 votes he needs even without Wisconsin’s.
with Reuters and AP
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