What if Trump loses but refuses to leave office? Here's the worst-case scenario | Lawrence Douglas | Opinion | The Guardian
Imagines this scenario. On Election Day, 2020 Nov 3, with 47 states and DC called, Joe Biden gets a popular-vote win but a narrow lead in the electoral vote, 252 - 240, but not enough to win. The three remaining states, MI, PA, WI, have 46 electoral votes, but the results are unsettled there. Trump has a thin lead in all three, but only in in-person votes. The mail-in ballots then take several days to count.
But Trump claims victory and the right-wing media supports him. Biden refuses to concede, and he knows that many of the mail-in ballots come from urban areas, areas that are reliably Democratic, and areas whose voters don't want to expose themselves to COVID-19. An effect long known as "blue shift".
As the count continues, Trump's lead shrinks and disappears, and Biden comes out ahead, in all three states. Trump tweets bloody murder -- the Democrats have rigged the election with fraudulent mail-in votes.
MI, PA, and WI have Republican legislatures and Democratic governors, and they submit competing certificates of the electoral vote.
So on 2021 Jan 6, Congress has a joint session to count the electoral votes, and it has both rival certificates from each of those three states.
The article continued with how something similar happened in 1876, where neither Democrat Samuel Tilden nor Republican Rutherford Hayes got an EC majority, with three states submitting conflicting certificates. The Democrats had the House and the Republicans the Senate, and the two fought over which certificates to recognize. Congress set up a special commission to resolve this issue, but it also had a partisan split. President Ulysses S. Grant considered declaring martial law. This impasse was ended only by a compromise: Federal troops would be removed from the South while the Democrats would concede. That allowed the Redeemer counterrevolution in the Southern states to end Reconstruction and start Jim Crow.
This experience led to the Electoral Count Act of 1887 for resolving conflicting certificates.
Back to this scenario. The House supports the governors and the Senate supports the legislatures, and they cannot resolve this issue either. The Supreme Court refuses to take sides. In response to massive protests, Trump invokes the Insurrection Act, calling in the military to support him.