Economy

Special Report

Feature Investors are increasingly concerned that the US presidential election this year will fail to produce a legitimate result, leading to an escalation in political instability and uncertainty. In this report we hold a Q&A session that we hope will serve as your concise and definitive guide to a contested US election – by which we mean an election that is not decided by the popular vote or Electoral College but requires the intervention of the US Congress or Supreme Court to determine the final outcome. As always, this report draws on the best academic work on the subject, but is not limited to academic conclusions. We apply our geopolitical method and macroeconomic perspective to determine the likeliest scenarios and financial market impacts.  The takeaway? Most likely the election result will be decisive, as incumbent presidents tend to lose amid recessions. However, with President Trump staging a comeback, a contested election is possible and investors would be wise to prepare for volatility over the next two-to-four months at minimum.         Chart 1Trump At Disadvantage In Popular Opinion A good rule of thumb: Trump is at a disadvantage in raw popular opinion (Chart 1), so anything that directs the election decision away from the popular vote and toward constitutional procedures should be seen as a lifeline for Trump, and hence a recipe for a bigger trade war and prolonged US equity outperformance. How Is The US President Elected? The US elects presidents by means of electors, private citizens appointed by each of the 50 states to vote on their population’s behalf, i.e. the Electoral College. The popular vote, or canvass, has been the prevailing method of choosing each state’s electors since the 1840s. The vote is held and tallied by the election authorities of the states on the first Tuesday after the first Monday of November (e.g. November 3, 2020). Each state has different laws on how to hold elections and appoint a slate of electors loyal to the winning candidate in the state. The constitution grants state legislatures the power to appoint the electors. This could become a source of controversy in a contested election.1 Generally the state’s secretary of state approves the popular tally which then determines which slate of electors is appointed. The state governor certifies the names of the electors and the numbers of votes received, signs the letter and applies the state seal, and then sends multiple copies to various authorities for surety.2  If disputes arise over a state’s election results, the state will ideally resolve them by December 8 (Table 1), six days before the electors meet to fill out their ballots for the president and vice-president. Electors meet in the state capital on the first Monday after the second Wednesday of December (e.g. Monday, December 14, 2020) and cast their vote. They send certificates of their vote to the President of the United States Senate in Washington, DC, who is also the nation’s vice president, currently Mike Pence.  Table 1Calendar Of US Election 2020 On January 6 of the New Year (2021), the President of the Senate presides over a special joint session of the new Congress, which itself convenes on January 3. He presents the states’ electoral votes to Congress alphabetically. The votes are counted, with Congress employing official tellers to record the sums.3  If any disputes are raised against any state’s electoral votes, the two houses of Congress must agree in order to disqualify those votes. If the two houses disagree, the votes will be counted. The Senate President, as the constitutional keeper of the electoral returns and presiding officer of the joint session, has some influence, which is another potential source of controversy. When the count is done, the tellers hand their results to the Senate President, who reads them off. Usually the leading candidate captures an absolute majority of the Electoral College (270/538 votes), so the next president is crystal clear and the whole ceremony is finished in half an hour. Alas, not always. What Electoral Results Can Be Ruled Out In 2020? Before getting into contested elections, it is important to address what is highly unlikely to occur in 2020. First, President Trump will not win the popular vote. Chart 2Trump Highly Unlikely To Win Popular Vote Trump won 46% of the popular vote in 2016, trailing Hillary Clinton by 2.9 million votes. Since 2017, Trump’s national approval rating has never risen above 50% in the average of polls. His disapproval rating is almost always higher than his approval (Chart 2). Thus if Trump wins the election it will be through his Electoral College strategy, as in 2016 – or through a contested election. The US has split the popular and Electoral College vote on five occasions, yielding a historical probability of 9%. The fifth time was President Trump’s victory in 2016; he would be the first president to do so twice. This is possible because the regional and demographic factors behind Trump’s win four years ago are still largely intact. Currently our quantitative election model gives Trump a 45% chance of winning the election (Chart 3). This is in line with the consensus view, as online betting markets put Trump’s odds at 43%. However, online gamblers put the odds of the next president losing the popular vote in a range of 27%-31%, which implies that his odds are lower given his low popularity (Chart 4). Chart 3Our Quant Election Model Gives Trump 45% Chance Of Victory Chart 4Trump Odds Weighed Down By Low Chance Of Popular Win Subjectively, we are sticking with our 35% chance of Trump winning, which falls in the middle of this range. What is clear is that Trump has a much greater chance than the historical 9% probability of winning without the popular vote.  There is nothing illegitimate about an Electoral College victory – far from it, it is the constitutional way in which the presidency is won. Nevertheless a victory without a popular mandate deprives the new administration of political capital. A second-term Trump is likely to be stymied at home and more inclined to act unilaterally abroad, a downside risk to global equity markets. Second, Republicans will not reclaim a majority of the House of Representatives. Chart 5Republicans Highly Unlikely To Win House Of Representatives To do so, the GOP would have to retain all Republican-leaning seats (yielding 186) plus all “toss up” seats (totaling 214) and then four additional Democratic-leaning seats. Yet there are only two Democratic-leaning seats that do not benefit from the incumbent advantage (Chart 5).4 The re-election rate in the House and Senate is around 85-95%. Neither the state of the economy nor Trump’s approval rating suggest that Republicans are capable of such a big victory in the House (Chart 6). Chart 6Trump An Albatross For House Republicans Third, Democrats are unlikely to win a majority of the state delegations in the House of Representatives. Currently, Republicans have a majority on 26 of the 50 delegations of lawmakers that the states send to the US House of Representatives. Democrats control 23 state delegations, while Pennsylvania is neutral. If the presidential election is close, then the balance of power among the state delegations will most likely stay the same. Republicans are likely to retain 25 state delegations, whereas Democrats would have to win all five toss-up delegations plus Florida merely to tie the Republicans with 25 delegations (Table 2). This is a tall order. Table 2Democrats Unlikely To Win Majority Of State Delegations In House Of Representatives The Republicans’ state-by-state House majority would prove critical in a contested election, as we will see. Otherwise it doesn’t matter much. What Is A Contested Election? Chart 7Extreme Political Polarization Means Election Disputes Will Rage The 2020 election will inevitably see legal challenges, vote recounts, and procedural problems. Partisanship is at extreme levels, meaning that the two parties will do anything to win (Chart 7). The unprecedented large-scale adoption of mail-in voting due to the COVID-19 pandemic also ensures that recounts and legal disputes will abound.5 Neither candidate is likely to concede defeat quickly or easily. While President Trump is explicit about his reluctance to concede, there is zero chance that Joe Biden will bow out quietly like Al Gore did in the 2000 dispute.   However, investors should distinguish a contested election, in which the resolution of disputes will determine the final outcome, from a controversial election, in which the final outcome is known but the defeated candidate refuses to concede. Either could be market-relevant, but the first scenario is the primary concern as it yields the powers of the presidency. The rest is aftermath. The bedrock principle of US presidential succession is as follows: Constitutionally, if the Electoral College vote falls short of a clear majority (270 out of 538), the House of Representatives chooses the president on a majority vote, with each state receiving only one vote. Similarly, the Senate chooses the vice president.6 President Trump is favored to win in this scenario. As mentioned, Republicans may well hold 26 of the 50 state delegations in the House. A clear majority on either side removes any risk of indecision: the next president will be chosen on a party-line vote of the states. For Democrats to choose the president in the House, they need a landslide victory. This is possible, but then it would imply that President Trump has been soundly beaten in the presidential race. A contested election presupposes a close national race that is likely to result in the status quo balance of power among the states in Congress, and hence an advantage for Trump if the House chooses the president. Map 1 illustrates the fundamental shift in American political power if the House of Representatives votes on a state-by-state basis to resolve a contested election. It alters the geography of each state according to the voting age population, the Electoral College representation from 2016, and an equal weighting in which each state gets the same number of votes, as in the House’s contested election procedure. The Electoral College is not nearly as distortive of the popular will as is often made out. However, the red states greatly increase their prominence in an equal weighting (just as in the US Senate). Map 1Trump Disfavored In Popular Vote, But Favored If Contested Election Decided In House Of Representatives The fundamental takeaway is that President Trump is disfavored when it comes to the popular vote in the states, but if the election is contested and shifts to the House of Representatives, he has a lifeline. Yet if Democrats win the Senate in the election, this lifeline will be cut off. Moreover, the Supreme Court is a wild card, as discussed below.  What Can We Learn From Past Contested Elections? Chart 8US Contested Elections Often Coincide With Deflationary Economy The US has witnessed four contested elections under our definition. Most of them occurred amid deflationary economic trends, which would fit with today’s environment (Chart 8). Each episode can be described as a “stolen election,” depending on one’s point of view.  The key lessons for today are as follows: 1800 – “The Revolution” – Vice President Thomas Jefferson, as Senate President, chose to count the electoral votes from Georgia even though they lacked the governor’s signature and failed to meet federal requirements. This gave him a majority of the electoral votes, which ultimately led to his election.7 If he had rejected these votes, the outgoing House of Representatives would have chosen his rival candidate, John Adams, as president. Takeaway: The vice president has the constitutional authority to present the electoral votes for counting and to oversee the joint session of Congress. If Congress is divided, and the vice president has a decision as to whether to present a certain set of electoral votes, then the vice president could tip the election in his own party’s favor. Also noteworthy: the presence or absence of a governor’s signature on a state’s electoral votes is not definitive. 1824 – “The Corrupt Bargain” – Andrew Jackson lost the election despite winning both the popular vote and the Electoral College vote. With a hung vote in the college, the House of Representatives decided the election among the top three candidates. The Speaker of the House threw his weight behind John Quincy Adams, who then nominated the speaker as the secretary of state in his new administration. Takeaway: Washington insiders can determine the outcome arbitrarily if they control the House of Representatives. A hung Electoral College, or tie, throws the election to the House and thus favors Trump. 1876 – “The Stolen Election” – Democrat Samuel Tilden won the popular vote and the most electoral votes, at 184, while Republican Rutherford Hayes won 165 electoral votes. Tilden was one vote shy of an Electoral College majority (185), while Hayes fell 20 votes shy. Republican control of four states led to an alternative set of Republican electoral votes being sent to Washington. Congress then had to choose between the rival electoral slates. To resolve the dispute, Congress created a special bipartisan committee. The tiebreaking member of the committee was disqualified by a fluke, leading to a replacement who voted on party lines, awarding all 20 disputed electoral votes to Hayes, who thus won the presidency. Simultaneously lawmakers negotiated a grand compromise to ensure Congress would not filibuster the committee’s decision: Hayes would withdraw federal troops from the South, which had been occupied since the Civil War. Takeaway: A party can use control of states to send an alternate set of electoral returns to Washington, muddying the electoral counting process and throwing the election into Congress’s hands. Also, Congress is supreme and can create special mechanisms to resolve electoral disputes. Political solutions are essential when constitutional mechanisms fail.   2000 – Bush versus Gore – Contested election results in Florida led Democrat Al Gore to withdraw his concession to Republican George W. Bush. The Gore legal team convinced the Florida Supreme Court to allow several recounts, including a statewide recount. The Florida legislature, along with Florida Governor Jeb Bush, prepared to certify Jeb’s brother’s victory and send electoral votes to Washington. The US Supreme Court intervened, halting a statewide recount, on the basis of the equal protection clause of the fourteenth amendment and in rejection of the Florida court’s novel recount scheme. Takeaway: The Supreme Court can and will intervene in a state election dispute if it is becoming a legal morass. Previously the states settled disputes themselves, or the US Congress settled disputes in Washington. Though the Supreme Court claimed that its ruling did not set a precedent, the clear precedent is that the Supreme Court will intervene if there is a power vacuum. Each of these contested elections sparked extreme partisan controversy.8 In two of them, both the popular and electoral results were thrown out the window. The lesson is that the House of Representatives is definitive. Unless, of course, the Supreme Court preempts it. Since both the Constitution and statutory history point to Congress, not the Supreme Court, as the arbiter of presidential elections, it is unlikely that the Supreme Court would overrule the House if the House makes its decision first. But it is still possible, and this is a major source of uncertainty for 2020 or future elections. To fix the various problems that have arisen over the years, Washington has passed several laws, such as the twelfth amendment (1804) and the Electoral Count Act (1887). But fundamental disagreements can still emerge: namely over the constitutional power of the state legislatures to appoint electors, the value of the governor’s signature on his or her state’s electoral votes, and whether the President of the Senate has a substantive or merely ceremonial role. Any of these factors could result in confusion and controversy in 2020-21. How Will States Settle Disputes? On the state level, prior to the joint session of Congress to count the electoral votes on January 6, a range of shenanigans could occur, and the states may never actually settle their disputes. States are supposed to settle any internal recounts or disputes by December 8, 2020 for “safe harbor” status. This status urges, but does not require, the US Congress to accept the state’s final determination of its own electoral votes. If a state fails of this status, Congress may still count its votes, but it has a freer hand to do as it pleases. Thus each party will attempt through judicial or legislative actions to rush and achieve safe harbor status if it believes it won the popular vote count, and will attempt to delay and deprive the state of that status if not. If the legislature and governor agree, then this will be no problem. If they do not agree, the risk emerges that a state battle could escalate all the way to Washington. States with Republican governors, and a Republican or at least a divided legislature, could ensure that Republican electoral votes are sent to Washington in the event of a dispute. This is particularly important in the case of Arizona and Florida, but it also applies to Georgia, Iowa, Ohio, and Texas in 2020. The same goes for Democrats, although there are fewer swing states that fit this description (e.g. Minnesota), as Table 3 shows. Table 3Swing States: Balance Of Legislative And Executive Power The reason for this is that the Electoral Count Act of 1887 instructs Congress to favor the electoral votes with the governor’s signature if there is any dispute about which results to accept when the US Congress holds the final count. If the governor is not opposed by his own legislature, then his certified results will be the ones that go to Congress.    However, states with a unified legislature, either Republican or Democratic, could conceivably send electoral votes of their choice regardless of what the state governor does – and this is relevant for several of the most important swing states in 2020, specifically Republican legislatures under Democratic governors in Pennsylvania, Wisconsin, Michigan, and North Carolina, and Democratic legislatures under Republican governors, as in New Hampshire. The constitution endows state legislatures with the power to appoint electors, so legislatures could attempt to override their governors – or even their state supreme courts. Indeed, Florida’s legislature and governor were prepared to send Republican electoral votes to Washington regardless of the Florida high court’s actions in the year 2000. How Will Congress Count The Votes? Republicans will not have unified control of the federal legislature and executive, as noted above. Hence Republican congressmen and senators will not be able to pick and choose which electoral votes to accept at their discretion when the votes are counted on January 6, 2021. House Democrats would prevent them from rejecting any state’s electoral votes for arbitrary reasons.  On the other hand, the Democrats are quite likely to pick up the Senate, and a united Democratic Congress would have the power to pick and choose electoral votes at its discretion. The Democrats could disqualify the electoral votes of a state that voted for Trump in the event of a dispute, tipping the scales in Biden’s favor, during the electoral counting process. For example, say President Trump wins 270 electoral votes and Biden wins 268 – a likely scenario if Trump wins all the 2016 states but loses Pennsylvania and Michigan. Ostensibly President Trump would be re-elected. But the Democratic House and Senate could disqualify the 10 electoral votes of Wisconsin due to any disputes in that state over its popular vote or electors. Trump’s votes would fall to 260 while Biden would retain his original 268. A unified Congress could simultaneously decide to disqualify Wisconsin’s electors from the 538 total of appointed electors, saying the electors were not legally appointed, bringing the total denominator of electors to 528, thus giving Biden a three-vote margin of victory (majority: 265/528). Biden would become the president. If Congress is divided then this kind of manipulation is not possible. Either a bipartisan agreement would determine whether to count a state’s votes – which would be credible and legitimate – or a bipartisan disagreement would lead to the disputed electoral votes being counted. Chart 9Democrats Likely To Win Senate, Hence Congress – Huge Perk In Electoral Count Hence the makeup of the Senate on January 3, which may not be wholly complete at that time, is of great consequence. Democrats are structurally favored to win the Senate this year. They have 12 seats up for re-election versus 23 for Republicans, and only two of their seats are at risk whereas 10 are at risk for Republicans (Chart 9). We expect Democrats to take the Senate, but in a close presidential race the Senate could tie at 50-50. If Republicans retain the Senate, then Vice President Mike Pence could take on a substantive role in counting the Electoral College votes, rather than a merely ceremonial role of presenting the electoral returns to the joint session. If a state sends questionable electoral returns, or more than one set of returns, Pence could conceivably choose which results to present to Congress. A unified Congress could override him but a divided Congress might not. There is precedent for a vice president making a decision on electoral counting that affects the outcome in his own favor, as noted above. While modern scholars tend to highlight the conflict of interest here, the constitution could be read as giving the vice president this advantage so as to more speedily settle any disputes.9 The Electoral Count Act of 1887 says that when in doubt, Congress should accept the electoral votes certified by a state’s governor. But this position was controversial at the time and may not be constitutional. The vice president could assert his own authority to present the legitimate votes to Congress to be counted. It is not clear that a conservative-leaning Supreme Court would contradict him, since neither the constitution nor the Electoral Count Act envisions the court as arbitrating these kinds of disputes. Thus it is conceivable that a situation could arise in which a critical swing state sends two sets of returns and Vice President Pence chooses the electors in favor of himself and President Trump, with a Republican Senate preventing the Democratic House from doing anything about it. A strict constructionist Supreme Court would likely defer to whatever happens in Congress. However, the court could be activist, given that Chief Justice John Roberts is a well-known swing player. It could interpose in a way that precludes any actions deemed entirely arbitrary or lacking a plausible basis in the facts of the state’s election results and laws. As we saw, the court will be inclined to fill a power vacuum. The takeaway is that a unified Congress could count the electoral votes in such a way as to secure a Biden win, while a divided Congress could count the electoral votes in such a way as to give President Trump a lifeline in a disputed election. The Supreme Court is a wild card. What About An Electoral College Tie Or Faithless Electors? A contested election, using the narrow definition, would occur due to an Electoral College tie at 269-269 or any other anomalies that prevent either candidate from reaching a 270-vote majority. Again, the House of Representatives would decide on a state-by-state basis, likely favoring Trump. For example, some electoral votes could be disqualified, a third party candidate could split the vote, or “faithless electors” could vote contrary to their state’s popular choice.10  An electoral tie is not a negligible risk in 2020 – there are 68 possible combinations, and many of them are plausible.11 In 2016, 11 states had a margin of victory less than 5%. Take two equally realistic examples. If Trump lost Pennsylvania and Michigan (likely) as well as Nebraska’s second district (Omaha/suburbs, which President Obama won) then he would tie Biden at 269. Or, if Trump lost Pennsylvania, Michigan, and Arizona (which leaned Democratic in 2018), yet gained Minnesota (the epicenter of the crisis over race and law enforcement), a tie would occur. In a near-tie, a few wayward electors could deprive either candidate of a win. This is far more likely to happen to Trump than Biden. Table 4Range Of Electoral College Votes, 2020 The current combinations of truly competitive states suggest that the Democrats have a lock on 268-319 electoral votes while Republicans only have a lock on 169-219 electoral votes (Table 4). Trump is widely expected to lose both Pennsylvania and Michigan, which alone cut him down to 270 votes; the loss of a single vote from there would deprive him of a majority. By contrast, Biden would hit 278 votes at minimum by picking off a single Republican state in addition to Pennsylvania and Michigan. It is more likely that Trump would lose one or two faithless electors than that Biden would lose nine or ten. So it is more likely that faithless electors would deprive Trump of a win than Biden. But then the House of Representatives would have to resolve the impasse, and would likely favor Trump. What Is The Line Of Succession If The House Fails To Choose A President? What happens if a contested election goes to the House but the state delegations tie at 25-25? Then the House must continue voting over and over until one of the presidential candidates gets the majority. A single lawmaker in a critical state could swing the balance. That lawmaker could be swayed by conscience, bribes, or chance. In 1824, a critical lawmaker from New York changed his vote at the last minute because he found a ballot with John Q. Adams’s name on it and believed it was a sign from God. In 1876, the tiebreaking Supreme Court judge in the congressional commission delegated to work out a compromise solution was disqualified after it was found he had won a simultaneous race for a seat in the Senate.12 The House would eventually decide, but if the state delegations are evenly split, the voting could continue through January 20, Inauguration Day. The vice president would take over at that time. The vice president is chosen by a majority vote of the Senate. If Democrats take the Senate, they would choose California Senator Kamala Harris as the vice president, and she would act as president until the House made its choice. If the Senate vote also split at 50-50 on the new vice president, then the Speaker of the House, who is likely still to be California Representative Nancy Pelosi, would serve as acting president under the statutory line of presidential succession (Table 5). Table 5US Line Of Succession If Presidency Vacant Obviously both the House and the Senate would be under immense pressure to make a decision, so the power vacuum would not last more than a couple of months at most. The US would not be without a leader. However, its leader would be an interim leader with limited ability to make major policy changes or act proactively at home or abroad. It might be a good time for China to stage a surprise attack on Taiwan, or for other revisionist powers like Russia, Iran, or Turkey to make aggressive moves, while the global policeman is asleep at the wheel.13  What Is The “Blue Shift” And Does It Matter? The scholar Edward Foley has called attention to the phenomenon of the “Blue Shift” as a possible pretext for President Trump to contest the election result. The blue shift is the emerging tendency for US election tallies to change significantly after election day as a result of absentee and mail-in ballots that arrive after in-person ballots are counted.14  In 2018, the Arizona senate election went from Republican, as of the tally on November 6 to Democratic as of November 12 as a result of the blue shift. This produced whiplash for Republican supporters who thought they had won (Table 6).  Table 6“ Blue Shift” Means Vote Count Leans Democratic As Late Votes Arrive Will COVID-19 exacerbate the blue shift in 2020? While Republicans are less fearful of the virus and Democrats more enthusiastic about mail-in voting, the pandemic’s effect will be for more people in general to vote by mail, which should reduce the Democratic skew relative to previous elections. Still, there will be some Democratic skew which opens the possibility that an election that looks like a Republican win in the wee hours of November 4 could later fall to the Democrats. Foley entertains a scenario in which President Trump disputes the election on the basis of this apparent, but not real, shift in the election results. However, a blue shift would not prevent state-level election boards from correctly tallying and certifying the result. Trump can always cry foul, but only a small group of Republican supporters will believe him if the results are duly and transparently verified by a bipartisan consensus among the branches of state government. This scenario is thus governed by the points made above regarding the role of state legislatures: if a swing state’s legislature genuinely disagrees with the state’s election board or governor, then it could send its own set of electoral votes to Washington. If Republicans control the Senate, then this alternate set of electoral votes could be accepted. What Happens After A Contested Election? The constitutional power to count the Electoral College votes, and to determine the election if the college is indecisive, lies with Congress (and/or the Supreme Court). The rest is just the wailing and gnashing of teeth.  This wailing and gnashing could still prove market-relevant, however. If the defeated candidate has enough popular support, he would reduce the effectiveness of the new administration. If President Trump is re-elected on any of the technicalities above, he will face an unprecedented popular opposition and social unrest, likely fanned by Biden and a unified Democratic Party. Trump’s administration would be weak at home and would only have influence abroad, creating downside for global risk assets. Polarization is extreme – the two parties will do anything to win the White House. Chart 10Republicans Will Drop Trump Like Nixon If He Loses By contrast, if President Trump loses and refuses to concede, then he will actually reduce policy uncertainty in the United States. Trump’s support among Republicans is premised on his ability to win and drive through their favored policies; his support will plummet if he loses, just as Richard Nixon’s plummeted after the Watergate tapes were revealed (Chart 10). Trump could create an alt-right social media empire and serve as a gadfly, or he could lead a “rump” of the Republican Party to break away. Either way, he would divide and weaken the Republicans relative to the now-ruling Democrats, which would eventually lead to greater policy certainty. Without steady opposition, Democrats would achieve more of their agenda. This would increase risks for certain equity sectors (health care, energy), but would actually reduce polarization as the Democratic majority would more easily cooperate with moderate Republicans.  The latter scenario would be hugely important. Trump could hobble the Republicans for years. This would pave the way for a Democratic ascendancy. Such an ascendancy is already possible based on trends in age, demographics, and ideology, but a serious split in the Republican Party would ensure that it comes to pass. The negative side-effect is that the populist fringe would be more likely to become disaffected or radicalized. Implications For The Long Run The advanced democracies have seen a period of relative peace and prosperity since World War II that kept their electoral disputes limited. They have sought to use multilateral institutions to promote free and fair elections across the rest of the world. But globalization has disrupted their internal political balances, particularly in the United States, making them vulnerable to governance and electoral failures usually associated with emerging and frontier markets (Table 7). Table 7Worldwide Contested Elections Rarely End Peacefully Even prior to COVID-19 the US had reached historic levels of political polarization. The downward spiral of partisanship began when the Soviet Union collapsed and the country no longer faced a common external enemy. The Democrats and Republicans rapidly descended into a fratricidal battle over what they thought would be world supremacy. Today polarization is exploding into open power struggle, with President Trump preemptively casting doubt on the legitimacy of the election and his challenger suggesting that the US military will have to remove him from office if he defies the election result (with prominent generals explicitly contemplating “collective action” to remove Trump).15 Social unrest is morphing into ideological and political violence in the streets. There is ample fuel for unrest and violence to intensify. The party that comes out on top of the 2020 election will have significant influence over the future, including taxing and spending, trade and foreign policy, Supreme Court picks, redistricting after the 2020 census, the fate of the Senate filibuster, and the debate over statehood for Washington, DC. If President Trump wins, it will either be narrowly, through the Electoral College, or through a contested election settled in the House of Representatives. It will prevent a new consensus forming on fiscal policy and the redistribution of wealth. The same goes for a Biden win with Republicans keeping the Senate. As such, polarization will increase for a few more years, before the next generation’s leftward political shift overtakes the Republicans.  Nevertheless, while domestic policy will swing on the Senate, the next president will mostly be important in shaping US policy toward the rest of the world. In this respect, it is notable that Biden and Trump are both competing to see who is more mercantilist and protectionist. The US’s secular competition with China is likely to help cultivate national consensus on a range of policies in the coming decade. And if the Democrats win with a clean sweep – which we still see as the most likely outcome – the painful process of forming a new consensus on taxing and spending will begin in 2021. The US will have witnessed a sea change in fiscal policy as well as trade policy. Partisanship will remain high, but a strong Democratic majority on taxing and spending, combined with Democrats flagrantly coopting Trump’s stance on trade and China, looks to us like the seeds of a new national policy consensus that will reduce US political polarization over the long run. A Trump victory on a technicality will lead to a weak government and trade war. A Biden victory will have popular support and lead to higher taxes. Chart 11Stock Market Will Sell Off Amid Contested Election, As In Past Unfortunately, this year and the next few years will still see polarization at extremes.  It goes without saying that the US election cycle in 2020-21 will bring surprises and likely induce financial market volatility, beyond what has been seen. Judging by history, a full-fledged contested election will likely lead to a substantial equity pullback (Chart 11) – especially in a recessionary context, as in the case of the 1876 “Stolen Election.”   Beyond that, Trump’s re-election would pose a major trade war risk for global assets, a boon for continued US equity outperformance relative to the world. Biden would reduce global risks, while hiking domestic risks due to higher taxes and regulation, thus encouraging the opposite effect.   Matt Gertken Vice President Geopolitical Strategist mattg@bcaresearch.com     Footnotes 1    See Article II, Section I of the US Constitution.  2   See “Electoral College Instructions To State Officials,” National Archives and Records Administration, Office of the Federal Register, available at archives.gov. 3   See Article II, i and Amendment XII of the Constitution. There is some disagreement about what the constitution says regarding who does the counting. But a miscounting of the results, if the results are clear, is not credible. The vice president cannot deliberately miscount the vote, nor could Congress. However, if the results are not clear, disagreements could emerge in which the vice president could have a decisive impact. See Stephen A. Siegel, “The Conscientious Congressman’s Guide To The Electoral Count Act of 1887,” Florida Law Review 56 (2004), floridalawreview.com. Throughout this report we are highly indebted to Siegel’s authoritative study. 4   See Cook Political Report, “2020 House Race Ratings,” August 21, 2020, cookpolitical.com.  5   See for example Anna Baringer et al, “Voting by Mail and Ballot Rejection: Lessons from Florida for Elections in the Age of the Coronavirus,” University of Florida Election Science Group, August 20, 2020, electionscience.clas.ufl.edu. 6   See Amendment XII of the Constitution. 7   See Siegel, “The Conscientious Congressman’s Guide.” For the historical details in this section, see Paul F. Boller, Jr., Presidential Campaigns: From George Washington To George W. Bush (Oxford: OUP, 1984 [2004]). The House had to vote between Jefferson and his vice presidential candidate, Aaron Burr, who had the same number of electoral votes. At that time the president and vice president were not treated separately. Jefferson ultimately won when a handful of state delegations in the House abstained after several rounds of voting. Subsequently the twelfth amendment to the constitution was passed so that presidents and vice presidents were chosen separately, avoiding an Electoral College tie between two members of the same party ticket. 8   In 1800, Thomas Jefferson warned of civil war. In 1824, Andrew Jackson fumed that the will of the people had been cheated and plotted revenge, which he got in 1828. In 1876, Washington sent federal troops to monitor state election boards and some southern states threatened to rise up again. In 2000, a debatable court intervention fueled a left-wing backlash and a vicious spiral of polarization that continues to this day. 9   Here and elsewhere in this report we are indebted to Edward B. Foley, “Preparing for a Disputed Presidential Election: An Exercise in Election Risk Assessment and Management,” Loyola University Chicago Law Journal 51:2 (2019), lawecommons.luc.edu. 10  Regarding “faithless electors,” the Supreme Court this year unanimously upheld the ability of states to punish electors who break their pledge. But faithless electors are still possible, and could conceivably deprive an Electoral College winner of his victory. The 2016 election saw seven electors deviate from their party (out of 10 who tried), abnormally high. The extreme political environment is likely to produce defectors. See “Supreme Court Clarifies Rules for Electoral College: States May Restrict Faithless Electors,” Congressional Research Service, July 10, 2020, crsreports.congress.gov. 11   See “Electoral College Tie Finder,” 270 To Win, www.270towin.com. 12  See Boller, Presidential Campaigns. 13  See Admiral James A. Winnefeld and Michael J. Morell, "The War That Never Was?" US Naval Institute Proceedings 146: 8 (August 2020), usni.org. 14  See Foley, “Preparing for a Disputed Presidential Election.” This trend began with electoral reforms that made absentee balloting easier in 2002, but it is also a broader trend. Republicans tend to vote in person; those who vote through mail skew Democratic. Therefore the initial results favor Republicans, while the final results bring in a rush of ballots favoring Democrats. 15  See Brittany Bernstein, “Mattis Told Then-DNI Coats They May Be Forced to Take ‘Collective Action’ against ‘Unfit’ Trump, According to New Woodward Book,” National Review Online, September 9, 2020, nationalreview.com.