However, one extreme scenario could push the United States toward a color revolution. If Trump actually tries to prevent large numbers of mail-in ballots from being counted by confiscating them, he could irreparably damage the electoral process and prevent the courts from being able to fairly adjudicate it. After all, what are the courts to do if the confiscated ballots have been destroyed or compromised (for instance, if the boxes were opened)? In this scenario, Trump would declare victory on Election Night if he is ahead in votes cast that day, and he would order Attorney General Bill Barr or Chad Wolf, the man Trump claims runs the Department of Homeland Security, to physically stop the count the next day. The president would then pressure Republican state legislatures to ratify his preferred result. This scenario is similar to what my Atlantic colleague Barton Gellman chillingly outlines in his new cover story.
Daniel Nexon, a political scientist at Georgetown University, told me that in the post-Communist unrest, independent election monitors from the Organization for Security and Cooperation in Europe played a crucial role in demonstrating fraud. External monitors have a more limited role in U.S. elections—they are present but in small numbers and few people pay attention to them. Trump, however, doesn’t control the polling stations. Shenanigans in particular districts could go under the radar for a while, but mass fraud—such as the federal confiscation of mail-in ballots—would likely occur in public view. Many Americans, perhaps millions of them, would feel that they had to take to the streets.
Protesters would want the U.S. to count every vote, as demonstrators did in earlier color revolutions, but that simply may not be possible if the ballots are confiscated and compromised. Nexon said that in most of the post-Communist cases, some mechanism existed for a revote, but U.S. law has no allowance for that. Therefore, if the worst case happens and Trump actively interferes in the count, the protests would likely focus on state legislatures and governors asked to ratify results before the count was complete, and on the Supreme Court, which may be asked to adjudicate.