Over the past few days, as vote-counting has continued, Donald Trump has made unsubstantiated claims of election “fraud” and vowed to go to the Supreme Court.
What he means is unclear. He and his campaign have filed lawsuits in a number of key states – including Michigan and Pennsylvania – calling for a stop to counting, but judges rejected them.
One challenge in Pennsylvania centres on the state’s decision to count ballots that were postmarked by election day but arrived up to three days later. Republicans are seeking an appeal.
Matthew Weil, director of the Bipartisan Policy Research Center’s elections project, told the BBC he was most concerned about this dispute as the nation’s top court had been deadlocked on it before the election – and before Justice Amy Coney Barrett joined the bench.
“They did indicate in some of their dissents that they would be interested in taking it after. So I do think there is a risk that some of those [postal] ballots that were cast by election day and not received until Friday may be discarded. I think that would be the wrong result, but I think that is a legally possible result.”
But Weil added that the election would have to be “very, very close for that to matter”. We have projected the Biden win based on his lead in crucial Pennsylvania, where he is ahead by 30,000 votes.