US politics expert Markus Wagner believes it is highly likely that Joe Biden will reach the required 270 electoral college votes to win the US election.
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But when that happens, the Associate Professor from the School of Law at the University of Wollongong, expects President Donald Trump to file a number of lawsuits.
Professor Wagner said the actions of President Trump before and during the election undermined more than democracy.
President Trump said there was fraud at play before claiming election victory before all votes were counted.
"There is no evidence of fraud. If there is fraud it will be uncovered," Prof Wagner said.
"It was more a political statement, potentially out of fear of losing to try to consolidate something that just wasn't there at that time.
"President Trump's actions are about undermining the election process. This arouses doubt in the eyes of mostly his followers that something doesn't seem right, that something inappropriate was done in the election process and therefor the result is tainted.
"Then legitimacy questions arise if candidate Biden were to become President Biden."
Prof Wagner, who has expertise in US constitutional law and politics, and has worked and studied in the US, believes the Trump campaign team have had a strategy to "delegitimise any vote that comes in late".
"He has done this because it was relatively clear that the mail-in vote would disproportionately favour Biden. That is what we are seeing right now. That is why Wisconsin went the [Democrat] other way," he said.
"Existing lawsuits will be joined by new lawsuits and we may see a repeat of the 2000 Bush v Gore saga, ending up in front of the US Supreme Court," he said.
"That Court has been decidedly reshaped with Justice Amy Coney Barrett joining a conservative majority on a much more political institution compared to the Australian High Court.
"A number of these suits are Hail Mary attempts to slow down the voting process and delegitimise what appears to be the result of a popular vote."
Prof Wagner said at the moment there was one lawsuit in Georgia that claims 53 votes were added post the 7pm closing time of election day.
"If that is true, they should not be counted, but 53 out of millions or hundreds of thousands of votes is what we are talking about. Again it is not corroborated. It seems to be more of a political move than a sound legal strategy," he said.
"I think there is one lawsuit in Pennsylvania. If anything this one has the most merit.
"This has to do with whether this extension of vote counting that was done by the state supreme court not the federal supreme court is permissible under the US Constitution or not.
"I think it is. There is other people including the Trump administration who think it is not....this is a point where you could have a legitimate debate."
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Agron Latifi
Wollongong born and bred. I love reporting about the Illawarra region and have been doing it for more than 20 years. I've moved into sport recently after covering the education round for the last five plus years for the Illawarra Mercury. It's been a great pleasure.
Wollongong born and bred. I love reporting about the Illawarra region and have been doing it for more than 20 years. I've moved into sport recently after covering the education round for the last five plus years for the Illawarra Mercury. It's been a great pleasure.
