• Home
  • Latest
  • Fortune 500
  • Finance
  • Tech
  • Leadership
  • Lifestyle
  • Rankings
  • Multimedia

Trendingnow

1

Jensen Huang made his $172 billion fortune on AI chips. His family's $75 million gift to Vanderbilt argues art decides what technology is for

2

'The demographic dividend of the last 40 years is ending': J.P. Morgan says the world is running out of the two things that kept interest rates down

3

The $39 trillion U.S. national debt isn’t as high as Japan’s and Singapore’s relative to economy size—and yet it's still worse somehow

1

Jensen Huang made his $172 billion fortune on AI chips. His family's $75 million gift to Vanderbilt argues art decides what technology is for

2

'The demographic dividend of the last 40 years is ending': J.P. Morgan says the world is running out of the two things that kept interest rates down

3

The $39 trillion U.S. national debt isn’t as high as Japan’s and Singapore’s relative to economy size—and yet it's still worse somehow
Leadership

Here’s How Hard It Would Be for Donald Trump to Challenge Election Results

By
The Associated Press
The Associated Press
Down Arrow Button Icon
By
The Associated Press
The Associated Press
Down Arrow Button Icon
October 21, 2016, 11:17 AM ET
GOP Presidential Candidate Donald Trump Campaigns At Delaware County Fair In Ohio
Photograph by Ty Wright — Getty Images
Add Fortune on Google for similar content.

If Donald Trump were to challenge the outcome of next month’s presidential election, as he has hinted he might, he would face a difficult and expensive fight, according to election attorneys and a review of voting laws in key battleground states.

Trump has said he is worried the Nov. 8 election might be rigged in favour of his opponent, Hillary Clinton, and in Wednesday’s debate he refused to say he would accept the outcome.

But before any court challenge, Trump probably would have to ask for a recount, said Donald Brey, a Republican election lawyer in Ohio. If the campaign did not pursue out-of-court options first, he said, a judge likely would dismiss the case.

Recount rules vary from state to state. North Carolina, for example, doesn’t allow a presidential candidate to request a recount at all if one candidate has a lead of more than 0.5 percent of the total votes cast.

 

In Wisconsin, the challenging candidate must pay the full expense of a recount if the vote in dispute is more than 0.25 percent, and in Colorado if it is more than 0.5 percent.

That can be expensive. Officials in one Wisconsin village put the cost of a local recount, in which about 9,000 votes were cast earlier this year, at nearly $13,000 (10,647 pound), said Michael Maistelman, a Wisconsin election lawyer who represented the unsuccessful candidate. More than 3 million people voted in the 2012 presidential election in Wisconsin.

Deciding where to challenge the election would be complicated. Trump, who trailed Clinton by 7 percentage points nationwide in a Reuters/Ipsos poll released last week, is fighting tight battles in some key states. In Ohio, for example, an average of major opinion polls reviewed by the RealClearPolitics website found Trump to be leading by less than 1 percentage point. In Iowa, he is leading by nearly 4 percent.

In some other battleground states, polls suggest support for Trump has eroded in recent weeks. According to the RealClearPolitics website’s poll tally, Clinton has substantial leads in Virginia, Colorado and Wisconsin. She leads Trump by more than 6 percentage points in Pennsylvania, nearly 4 points in Florida and more than two points in North Carolina.

To maximize his chances of overturning a Clinton win, Trump might need to challenge the results in several states, said Troy McCurry, a former Republican National Committee lawyer who was part of the party’s recount team in 2012.

Trump could try to bring a legal claim without first asking for recount by alleging, for instance, that an abuse of power by an election official, said McCurry, who’s law firm represented Ted Cruz in the Republican primary before McCurry joined the practise.

But if Trump’s lawyers were unable to muster specific facts to support that premise, he said, a judge would dismiss the lawsuit.

Any lawsuit that withstood early challenges would face an uncertain future. With the U.S. Supreme Court split 4-to-4 between liberal and conservative justices, state supreme courts or federal appeals courts could well make the final ruling in any election dispute.

In Pennsylvania, Colorado and Florida, where a majority of both state and federal appeals court judges have Democratic affiliations, Trump might face a more difficult road.

[fortune-brightcove videoid=5177749554001]

 

Meanwhile, appeals courts in Ohio, Wisconsin and Iowa are more heavily Republican.

Ohio election attorney Brey, who said he dislikes but will vote for Trump, believes a challenge in Ohio would be a last-ditch effort for the candidate.

“Let’s put it this way,” he said. “If Ohio is close, Trump’s already lost.”

Trump also might face obstacles from his own party, attorneys said, because it would be reluctant to challenge results in a state where, say, it lost the presidential race but won a close U.S. senate race.

Numerous studies have shown U.S. elections, which are decentralized and run by the states, are basically sound.

“Mr. Trump never mentions what criteria would be necessary for him to make a decision about a challenge,” said Stephen Zack, an attorney who represented Vice President Al Gore in the case that was brought to the Supreme Court over the election recount in Florida in 2000.

“Basically it is left as, ‘I’ll see what it smells like and then I will surprise you,'” Zack said. “There are rule-of-law issues that pertain to elections that separate us from anywhere else in the world.”

Election officials in several states rejected suggestions the balloting might be rigged. Eric Spencer, election director in Arizona, said that while isolated incidents of voter fraud might occur and should be investigated, election workers come from all political parties and work with integrity.

“The notion that the election is rigged is preposterous if not insulting,” Spencer said.

Some election watchers question how serious Trump is about a challenge.

“A lot of this is just posturing,” McCurry said. “At the end of the day I don’t see how this happens.”

About the Author
By The Associated Press
See full bioRight Arrow Button Icon
Add Fortune on Google for similar content.

Latest in Leadership

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025

Most Popular

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Fortune Secondary Logo
Rankings
  • 100 Best Companies
  • Fortune 500
  • Global 500
  • Fortune 500 Europe
  • Most Powerful Women
  • World's Most Admired Companies
  • See All Rankings
  • Lists Calendar
Sections
  • Finance
  • Fortune Crypto
  • Features
  • Leadership
  • Health
  • Commentary
  • Success
  • Retail
  • Mpw
  • Tech
  • Lifestyle
  • CEO Initiative
  • Asia
  • Politics
  • Conferences
  • Europe
  • Newsletters
  • Personal Finance
  • Environment
  • Magazine
  • Education
Customer Support
  • Frequently Asked Questions
  • Customer Service Portal
  • Privacy Policy
  • Terms Of Use
  • Single Issues For Purchase
  • International Print
Commercial Services
  • Advertising
  • Fortune Brand Studio
  • Fortune Analytics
  • Fortune Conferences
  • Business Development
  • Group Subscriptions
About Us
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • Facebook icon
  • Twitter icon
  • LinkedIn icon
  • Instagram icon
  • TikTok icon
  • YouTube icon

Latest in Leadership

woman yellow shirt standing in front of ring light
SuccessSocial Media
Influencer marketing isn’t an experiment anymore as companies expand their creator advertising budgets
By Tatiana SatauaJuly 24, 2026
2 hours ago
dario
AIEconomics
Anthropic’s head of economics just explained why Anthropic’s CEO was wrong about a white-collar bloodbath
By Nick LichtenbergJuly 24, 2026
3 hours ago
lebron
Arts & EntertainmentSports
LeBron James, the only billionaire currently active in the NBA, signs a minimum contract with the Philadelphia 76ers
By Catherina GioinoJuly 24, 2026
6 hours ago
Wealthy man in car
SuccessMillionaires
120 millionaires have signed a letter begging the British government to tax them more: ‘We can afford it’
By Emma BurleighJuly 24, 2026
6 hours ago
This CEO once bought a bankrupt furniture company for $80,000. At 95, he’s now given away millions
Successphilanthropy
This CEO once bought a bankrupt furniture company for $80,000. At 95, he’s now given away millions
By Sydney LakeJuly 24, 2026
7 hours ago
WPP’s sweeping restructure could save £500 million—the bigger challenge might be winning over workers 
C-SuiteWPP
WPP’s sweeping restructure could save £500 million—the bigger challenge might be winning over workers 
By Sam BirchallJuly 24, 2026
7 hours ago

Most Popular

Jensen Huang made his $172 billion fortune on AI chips. His family's $75 million gift to Vanderbilt argues art decides what technology is for
Big Tech
Jensen Huang made his $172 billion fortune on AI chips. His family's $75 million gift to Vanderbilt argues art decides what technology is for
By Sydney LakeJuly 23, 2026
2 days ago
'The demographic dividend of the last 40 years is ending': J.P. Morgan says the world is running out of the two things that kept interest rates down
Economy
'The demographic dividend of the last 40 years is ending': J.P. Morgan says the world is running out of the two things that kept interest rates down
By Eleanor PringleJuly 24, 2026
15 hours ago
The $39 trillion U.S. national debt isn’t as high as Japan’s and Singapore’s relative to economy size—and yet it's still worse somehow
Economy
The $39 trillion U.S. national debt isn’t as high as Japan’s and Singapore’s relative to economy size—and yet it's still worse somehow
By Sasha RogelbergJuly 23, 2026
1 day ago
The millennial generation has split, new Fed research shows: Those over 35 are edging toward boomer-style wealth, while everyone else falls behind
Real Estate
The millennial generation has split, new Fed research shows: Those over 35 are edging toward boomer-style wealth, while everyone else falls behind
By Nick LichtenbergJuly 22, 2026
2 days ago
Spain lifted the World Cup, but the IRS still gets a cut of its $50 million pay day as players, coaches and refs all face complex U.S. “jock taxes”
Personal Finance
Spain lifted the World Cup, but the IRS still gets a cut of its $50 million pay day as players, coaches and refs all face complex U.S. “jock taxes”
By Joshua HongJuly 23, 2026
2 days ago
Current price of oil as of July 24, 2026
Personal Finance
Current price of oil as of July 24, 2026
By Joseph HostetlerJuly 24, 2026
12 hours ago

© 2026 Fortune Media IP Limited. All Rights Reserved. Use of this site constitutes acceptance of our Terms of Use and Privacy Policy | CA Notice at Collection and Privacy Notice | Do Not Sell/Share My Personal Information
FORTUNE is a trademark of Fortune Media IP Limited, registered in the U.S. and other countries. FORTUNE may receive compensation for some links to products and services on this website. Offers may be subject to change without notice.