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US Election Insight 2020

By John R. Russell, IV, Thurbert Baker, and Eric Tanenblatt
November 7, 2020
  • Federal Government Affairs
  • Elections
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Biden Declared by News Networks To Be America’s Next President

Elections Insights 2020 Cover

While the states of Alaska, Georgia and North Carolina have not yet been called, and President Trump has not conceded the election’s outcome, former Vice President Joseph R. Biden, Jr., is expected to be the next President of the United States and Senator Kamala Harris the Vice President-elect, and the first woman and person of color to serve in that role.

After being declared the winner in Pennsylvania by many media organizations, President-elect Biden has won states with 290 Electoral College votes, more than the 270 votes required to be elected, while President Trump has won states with 213 Electoral College votes.
With over 13 million votes nationwide still to be counted, Biden holds a majority of the national popular vote, with a lead of about 4.1 million votes (about 2.8%) that is anticipated to expand as more votes from the West Coast, especially California, are counted. This is the seventh time in the last eight presidential elections that the Democratic candidate has won the popular vote.

President Trump and his supporters have initiated multiple lawsuits seeking to dispute and overturn these election results. However, unless these legal actions ultimately persuade the courts to disqualify sufficient ballots in states that have been called for Biden in a manner that would alter the Electoral College result, an outcome that appears highly unlikely, the presidential race is over.

Control of the Senate Will Be Determined by Two Georgia Runoff Elections on January 5, 2021

In the Senate, at this writing Republicans and Democrats each have secured 48 seats. Democrats have achieved a net gain of only one seat to date, with 4 races uncalled: two of which are expected to remain Republican (Alaska and North Carolina) and two seats in Georgia. With a Democratic White House, Democrats need to pick up two more seats in order to capture the Senate. Under Georgia law, US Senate candidates must receive 50% of the total votes cast or face a runoff election. As none of the candidates reached the 50% threshold, there will be two runoff Senate elections in Georgia on January 5, 2021. If Republicans win at least one of these two races, Senator Mitch McConnell will remain the Majority Leader, while Democrats will control the chamber if they win both runoffs.

Democrats will continue to have the majority in the House of Representatives, but with a narrowed margin, to the surprise of many Democrats who were expecting at least modest gains to their House majority. Thus far, Republicans have achieved a net pick-up of about five seats.

Click here to see our Election Results on One Page, our preview of the Biden Transition Team members and a look ahead to potential Biden Cabinet members.

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John R. Russell, IV

About John R. Russell, IV

John Russell is a member of Dentons' Public Policy practice. Focusing on federal advocacy and strategic communications, John worked for nearly a decade on Capitol Hill, serving on the leadership staffs of a speaker, a House majority whip and the chairman of the House Campaign Committee. In his career, John has worked both extensively and effectively in the legislative, communications and campaign arenas.

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Thurbert Baker

About Thurbert Baker

Attorney General Thurbert Baker co-leads Dentons' US State Attorney General practice and serves on the US Board. His practice focuses on corporate compliance and investigations, complex state legal and legislative matters, public policy and regulatory affairs, multi-state litigation, public sector procurements and regulatory matters.

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Eric Tanenblatt

About Eric Tanenblatt

Eric Tanenblatt is the Global Chair of Public Policy and Regulation of Dentons, the world's largest law firm. He also leads the firm's US Public Policy Practice, leveraging his three decades of experience at the very highest levels of the federal and state governments.

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