A Contested 2020 Election Would Be Way Worse Than Bush v. Gore

It’s Wednesday, Nov. 4, and the vote count is too close to call. Neither President Trump nor former Vice President Joe Biden is conceding defeat, recounts are being conducted, disputes over recounts are being lodged, and a court case will soon be making its way to the Supreme Court of the United States. Trump has voiced his belief that there is widespread ballot fraud and as a result there’s already some degree of civil unrest.

This is the nightmare scenario for 2020, one in which a disputed election drives the country further apart. It’s also one that’s vaguely familiar. In 2000, there was no clear winner in the contest between Democrat Al Gore and Republican George W. Bush. That triggered a recount and a controversial Supreme Court decision that ultimately determined the presidency for Bush. Yet even in the direct aftermath of Bush v. Gore, Americans still kept the faith in democratic institutions and the process. I went looking for lessons from that period of disruption. But all I found were the first cancer cells that have metastasized in our political system over the past 20 years.

It’s not that Americans didn’t think something had gone wrong in 2000 — in a CBS News poll conducted after the Supreme Court’s decision in mid-December, 60 percent of people said there had not been a fair and accurate count of votes. Still, 59 percent of people in an ABC News/Washington Post poll from the same time said their opinion of the court remained unchanged. The same poll asked what people would think if there were an unofficial recount and Gore were declared the winner. Would they consider Bush legitimately elected? Eighty-four percent answered, “Yes.”

It’s difficult to imagine similar sentiments in December 2020 if the Supreme Court intervened. Already, Americans say they are worried about something going wrong. In a late September Monmouth University poll, 39 percent of people said they were “not too confident” or “not at all confident” that the 2020 election would be conducted “fairly and accurately.” A Genesis Brand/Ipsos poll from about the same time found that while 60 percent of people surveyed said the election would