Note: By asking this question, I am not expressing, nor asking others to express, any viewpoint on who won in 2020. I'm asking about the legal consequences of a hypothetical scenario.

Suppose some new evidence proves beyond any doubt that Trump actually won in 2020 and Biden/the Democratic party did "steal" the election. What happens (legally)? Does Trump become President again? If so, when does his term end?

2 Answers 2



In accordance with Article II Clause 3, once the votes are counted (and any deadlock resolved) the President has been chosen. At that point, the election is final.

  • Thank you! So if it was proven that Biden cheated, he could be impeached, but then Harris would become President, not Trump? And if Harris was also impeached, Pelosi would be President?
    – Someone
    Jun 19 at 8:17
  • 2
    I think recent events have shown it’s practically impossible to impeach a President
    – Dale M
    Jun 19 at 8:18
  • 4
    @Someone Impeachment also doesn't put the other candidate in charge, it puts the Vice President in charge.
    – Trish
    Jun 19 at 8:40
  • 2
    @Someone The president must be impeached (by the House of Representatives) and then convicted (by the Senate) to be removed from office (remember, Trump was twice impeached by the House and acquitted by the Senate). Yes, there is a "presidential line of succession": from the president to vice president, House speaker, president pro tempore of the Senate, eligible Cabinet secretaries. Only the vice president would become president, someone further down the line would become acting president.
    – Lag
    Jun 20 at 7:28

The Twelfth Amendment says:

...The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted;—The person having the greatest number of votes for President, shall be the President

There isn't any provision for unwinding things after the joint session of Congress on 6th January 2021. The President could be impeached, of course.

Good summary of the Consitution, Law and timeline for the 2020 election here: https://www.archives.gov/files/electoral-college/state-officials/presidential-election-brochure.pdf

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