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Legal conundrum

Legal conundrum

In the biggest democratic exercise conducted during the pandemic, the US isn’t doing a great job upholding it

Everywhere else in the world, where people directly elect a national leader, whether it is France, Mexico or Nigeria, the candidate with the plurality of the vote wins. Which is perfectly reasonable. Sure, there can often be legal challenges to the way an election has been conducted, particularly in nations new to the concept of democracy and in those where religious and ethnic fissures exist. In such cases, political violence can erupt and elections might be far from “free and fair”, whether they are presidential or legislative. But this is hardly expected of a nation that for decades has been the beacon of democracy. If anything, the US, over the past two days,  has been a horrible advertisement for the concept of democracy. Let alone the convoluted “electoral college” system that chooses the President, let alone the fact that twice in the last two decades the candidate who won the presidency lost the popular vote, the fact that the President himself is threatening a legal challenge to the polls even before the last votes are counted is frankly ridiculous. The US does have an established postal ballot system which many States have strengthened, thanks to the Coronavirus pandemic. Few other nations conduct such extensive absentee voting but for the US, where close to a quarter million individuals have succumbed to the pandemic, this was a logical step to curb the spread of the disease. Sure, the system can be manipulated but because most American States have their own set of rules for polling, many precautions were taken. However, it appears inevitable that Donald Trump and his team will challenge the legality of the polls, particularly mail-in ballots, and the time it is taking to count them. The matter is almost certain to head up to the US Supreme Court where he has managed to tilt the balance totally in favour of the conservative side. The US Supreme Court did take a major call in the controversial 2000 election when it stopped the vote count in Florida, which turned the election in favour of George W Bush. The consequence that decision had for modern history is known to all of us. It would be vital for the US Supreme Court to remember that any decision it might make on the elections will have a global reaction since the US has an outsize influence on policy. And should the courts intervene in the democratic process at all if there is no clear evidence of wrongdoing? A valid vote should be counted whether it was mailed in or cast at the polling centre.

As the counting continues in the tense presidential race, visuals of mayhem on the streets erode faith in an institution that should have remained sacred. Supporters of both Trump and Democrat candidate Joe Biden are confronting each other. In response to Trump’s aggressive effort to challenge the vote count and even accusing Biden of trying “to steal the election,” protesters in Minneapolis blocked a freeway while in Portland, hundreds gathered on the waterfront with another group in downtown urging for racial justice. However, things took a violent turn when protesters started smashing shop windows and confronting police officers and National Guard troops. Pro-Trump protesters gathered outside the county recorder’s office in Phoenix and outside a ballot-counting centre in Detroit, demanding that officials “stop the count.” The biggest democratic exercise conducted during the pandemic has turned into a farce.

Legal conundrum

Legal conundrum

In the biggest democratic exercise conducted during the pandemic, the US isn’t doing a great job upholding it

Everywhere else in the world, where people directly elect a national leader, whether it is France, Mexico or Nigeria, the candidate with the plurality of the vote wins. Which is perfectly reasonable. Sure, there can often be legal challenges to the way an election has been conducted, particularly in nations new to the concept of democracy and in those where religious and ethnic fissures exist. In such cases, political violence can erupt and elections might be far from “free and fair”, whether they are presidential or legislative. But this is hardly expected of a nation that for decades has been the beacon of democracy. If anything, the US, over the past two days,  has been a horrible advertisement for the concept of democracy. Let alone the convoluted “electoral college” system that chooses the President, let alone the fact that twice in the last two decades the candidate who won the presidency lost the popular vote, the fact that the President himself is threatening a legal challenge to the polls even before the last votes are counted is frankly ridiculous. The US does have an established postal ballot system which many States have strengthened, thanks to the Coronavirus pandemic. Few other nations conduct such extensive absentee voting but for the US, where close to a quarter million individuals have succumbed to the pandemic, this was a logical step to curb the spread of the disease. Sure, the system can be manipulated but because most American States have their own set of rules for polling, many precautions were taken. However, it appears inevitable that Donald Trump and his team will challenge the legality of the polls, particularly mail-in ballots, and the time it is taking to count them. The matter is almost certain to head up to the US Supreme Court where he has managed to tilt the balance totally in favour of the conservative side. The US Supreme Court did take a major call in the controversial 2000 election when it stopped the vote count in Florida, which turned the election in favour of George W Bush. The consequence that decision had for modern history is known to all of us. It would be vital for the US Supreme Court to remember that any decision it might make on the elections will have a global reaction since the US has an outsize influence on policy. And should the courts intervene in the democratic process at all if there is no clear evidence of wrongdoing? A valid vote should be counted whether it was mailed in or cast at the polling centre.

As the counting continues in the tense presidential race, visuals of mayhem on the streets erode faith in an institution that should have remained sacred. Supporters of both Trump and Democrat candidate Joe Biden are confronting each other. In response to Trump’s aggressive effort to challenge the vote count and even accusing Biden of trying “to steal the election,” protesters in Minneapolis blocked a freeway while in Portland, hundreds gathered on the waterfront with another group in downtown urging for racial justice. However, things took a violent turn when protesters started smashing shop windows and confronting police officers and National Guard troops. Pro-Trump protesters gathered outside the county recorder’s office in Phoenix and outside a ballot-counting centre in Detroit, demanding that officials “stop the count.” The biggest democratic exercise conducted during the pandemic has turned into a farce.

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