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Trump campaign senior adviser Jason Miller falsely claimed on Sunday that Democrats would try to "steal" electoral votes after election night if President Trump appears to be ahead, signaling a coming legal fight over mail-in ballots that are counted after Nov. 3.

Reality check: Electoral College votes are not awarded until December, and no state ever reports its final count on election night — despite Trump's insistence that the election should end on Nov. 3 and that the courts should not allow ballots to be counted in the days following.

The big picture: Amid massive early turnout, Americans are expected to vote by mail in record numbers this election — and polling has found that more Democrats than Republicans said they would mail ballots.

  • Many of those votes won't be counted by election night, as states process more mailed ballots than they ever have before.
  • That delay could mean that Trump will appear to lead on election night, which would shift as more Democratic votes are tallied.
  • Trump has baselessly accused Democrats of trying to "steal" the election by pointing to efforts that expand voting access, such as extending mail-in ballot deadlines in Pennsylvania and building an in-person voting center in the California suburbs.

Between the lines: Trump has repeatedly declined to say whether he would accept the results of the 2020 election if he loses to Joe Biden.

  • He told reporters in September that he believes the Supreme Court may have to decide the result, after claiming that the only way he can lose the election is if it is "rigged."
  • The Trump campaign is reportedly raising money to continue ballot fights into mid-December, per the New York Times.

What they're saying: "If you speak with many smart Democrats, they believe that President Trump will be ahead on election night, probably getting 280 electoral, somewhere in that range," Miller said on ABC's "This Week."

  • "And then they're going to try to steal it back after the election. We believe that we will be over 290 electoral votes on election night.
  • "So no matter what they try to do, what kind of hijinks or lawsuits or whatever kind of nonsense they try to pull off, we're still going to have enough electoral votes to get President Trump re-elected."

Go deeper: A safe, sane way to navigate election night — and beyond

Go deeper

Senate Mischief Makers

Illustration: Sarah Grillo/Axios

In a closely divided Congress, the Senate’s Mischief Makers could thwart their leaders' best-laid plans with their own agendas.

Why it matters: On Wednesday night, we shared a list of House members who our leadership sources on the Hill consider some of the top troublemakers. But their Senate counterparts may be even more impactful in a 50-50 chamber, where Vice President Kamala Harris holds the tiebreaking vote.

Ina Fried, author of Login
58 mins ago - Technology
Column / Signal Boost

Exclusive: Meta's civil rights chief aims to "turn the knob" for good

Photo Illustration: Shoshana Gordon/Axios. Photo: Meta

A year ago, Facebook brought in Roy Austin, Jr. to lead a new team focused on civil rights. Since then, he has assembled a squad of experts advising parent company Meta on everything from voting rights to hate speech to ensuring new products don't have discriminatory impact.

The big picture: Austin's team of nine must tackle those tough issues inside a company of nearly 70,000 employees serving more than 3 billion users around the world.

Momentum builds for salary transparency

Illustration: Sarah Grillo/Axios

New York City will soon require employers to supply a salary range when they're advertising a position — the biggest step yet in the growing but controversial movement for pay transparency.

Why it matters: Laws like New York's aim to give workers, particularly women and people of color, more power in job negotiations. But the rise in remote work is throwing a wrench into the effort.