In 1876 both parties would claim victory in South Carolina, Florida, and Louisiana. Hayes or Tilden? It was an unprecedented crisis to resolve. It is no surprise that reading through the allegations of fraud, contestation of results, and attempts to overturn the election in 2020 invoke parallels to 1876.
How would they resolve this crisis? The Constitution states the President of the Senate (the Republican Vice President T.W. Ferry) should count votes. Still, Democrats would disagree and call for votes to only be valid if both the Senate and House concurred to their validity (citing historical precedence).
Congress would pass a law to create an electoral commission, consisting of five members of the Senate, five Supreme Court Justices, and five members of the House, in response to the crisis. The commission, evenly split along party lines until a compromise fifth Supreme Court Justice was added, ultimately gave a one-vote edge to Hayes, securing the Republican victory. Showcased in a newspaper at the time (accessed here) the committee was seen as adequate for the present but likely inadequate for the future. As played out in 2020, the future would have its own set of challenges to deal with and would rely on formal institutions to combat diverging views of the election.
What creates an environment where elections are contested? The 1876 election was a product of the resulting ideological divide after the Civil War. A polarized nation had two conflicting sides with disparate ideas about race, culture, and gender. The conflicting ideas culminated in delays in voting, real and alleged fraud, and an increasing role of outside institutions.
The 2020 election can be examined in a similar, although less polarized, light. The backdrop of the pandemic led to increasing social costs as political ideas became intertwined with public health. Debates about race permeated throughout the Black Lives Matter protests and similarly had a partisan divide. This growing distrust in institutions was spearheaded by a leader who voters felt represented an outsider to the political institution. Likewise, Tilden appealed to Southern Democrats who viewed the government as fundamentally opposed to their state-centric and pro-slavery viewpoint.
Like the 1876 election, the 2020 one was increasingly reliant on the courts. President Trump would challenge the results in courts around the country and attempt to take his fraud case to the Supreme Court. 147 Republicans would vote against certifying the results of the election. 2020 saw an increase in public officials willing to break democratic norms.
The challenges of 2020 still appear relevant to the upcoming election. JD Vance, the VP candidate, says he would not have certified the electoral votes like Mike Pence did in 2020. Again, the 1876 election and considerations on whether the President of the Senate has a ceremonious or pivotal role in the certification of the votes become relevant.
In both 1876, 2020, and likely 2024, contested elections revealed a fundamental truth: democracy relies not only on the processes and institutions but also on public trust in those systems. When that trust erodes, challenges to election results appear.
Sources:
“JD Vance says he wouldn’t have certified 2020 race until states submitted pro-Trump electors” 4 February 2024. ABC News
“The morning star and Catholic messenger”. 04 Feb. 1877. Chronicling America: Historic American Newspapers. Lib. of Congress. <https://chroniclingamerica.loc.gov/lccn/sn86086284/1877-02-04/ed-1/seq-1/>
“The 147 Republicans Who Voted to Overturn Election Results” 6 Jan 2021. New York Times
https://www.nytimes.com/interactive/2021/01/07/us/elections/electoral-college-biden-objectors.html
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