This is not the first presidential election which has seen conflict. This is not even the first election that has been contested by candidates. Not even close.

However, the 2020 battle between former Vice President Joe Biden and President Trump is unique.

For one, it can hardly be constituted as a battle. According to the Associated Press, Biden has won 290 electoral votes and over 77 million individual votes. Trump has won 219 electoral votes and over 72 million in the popular vote. Unlike in 2016 when Hillary Clinton won the popular vote but lost the electoral college, Biden has cinched both categories.

The Cases Thus Far

Let’s travel back in time to see how contested elections in the past were handled, and how closely they align with today’s predicament.

In 1800, President John Adams is on the ballot for re-election and his opponent is Thomas Jefferson. Each have secured 79 electoral votes. This is the now well-known election in which Alexander Hamilton went to the House of Representatives to lobby for Jefferson despite his personal feelings for the candidate. Because of the electoral tie, the vote went to the House, and Hamilton’s efforts were rewarded with Jefferson’s election.

In 1824, John Quincy Adams had a similar experience. There was no clear winner of electoral votes. Both cases went to the House of Representatives, contingent with the Twelfth Amendment of the Constitution, which states: “and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President.”

Perhaps the closest case to what’s happening in the world of 2020 is Abraham Lincoln’s election in 1860. Not only contentious, Lincoln’s staunch views on issues like enslavement frustrated southern voters to secede from the union altogether.

In Lincoln’s case, there was a clear electoral winner: Lincoln. The deep south began claiming that the system was against them. This, along with the deep mistrust of the federal government going back to Jackson’s presidency, provided them with enough to secede.

Perhaps the most chaotic presidential election was in 1876. Republican Rutherford B. Hayes was eventually declared the winner, but the process through which his victory was decided was questionable.

Reconstruction in the South was at the forefront of the minds of Democrats. Democrat Samuel Tilden received 184 electoral votes and needed only one more to beat Hayes. The 19 electoral votes remaining in Louisiana, Florida and South Carolina would be enough for Hayes to close the gap and emerge victorious. And so it went to Congress.

According to Sarah Pruitt with History.com, a committee of 15 individuals was made to decide the outcome of the election. Originally consisting of seven Republicans, seven Democrats and an independent, the neutral Supreme Court Justice David Davis ended up leaving the committee after being offered a Senate seat – and a Republican replaced him. Hayes was sworn into office in Jan. 1877.

What About 2000?

In modern times, the electoral fallout of 2000 is still fresh. The race between George W. Bush and Al Gore came down to the state of Florida. One issue was the Palm Beach County “butterfly ballots,” which placed Gore’s bubble underneath the Reform Party’s Pat Buchanan.

An article by the University of Washington notes that these ballots were made with good intentions: the font was increased to help seniors read the candidate’s names, which resulted in a two-page spread. Unfortunately, it is believed that many people accidentally voted for Buchanan instead of Gore due to the ballot design.

How Does This Track?

Dr. Michael Verney, assistant professor of history here at Drury University, was able to clear a few things up. While he noted that there are some similarities between past presidential elections and now, he kept coming back to the unprecedented nature of this election.

“I don’t intend anyone to be scared, but none of those historical cases parallel what we’re seeing here,” he said. “There is no precedent for what this president is doing.”

An overwhelming number of people voted for President-elect Joe Biden, with a clear line indicating the winner. In a recent Reuters poll, “nearly 80% of Americans recognize President-elect Joe Biden” as the winner of the election.

“Though it’s not legally required for any candidate, or the president, to concede, President’s Trump’s non-concession is almost unprecedented,” Verney said.

Not only does the non-concession widen the gap between presidencies—and therefore public trust in the system—it could also be concerning for national security.

Emily Murphy, administrator of the General Services Administration (GSA), must formally recognize Biden as the winner of the election before any transfer of power may occur. She has yet to issue a letter of ascertainment, which allows the allocation of funds and other necessities.

“The chaos we’re seeing is not necessary,” said Verney.

The Legal Battle(s)

In 2000, the contested Gore-Bush election made its way to the Supreme Court. With the Oct. appointment of Amy Coney Barrett giving the Court a 6-3 conservative majority (and a seeming disregard for the fact that justices are supposed to determine constitutionality), there is concern about the 2020 election going the same route.

“Trump wants to use the 2000 election as a precedent for calling recounts and not allowing transitionary briefings, but let’s be clear—there are no real parallels between the 2000 election and this election,” Verney explained.

2000 hinged on Florida; the Trump administration suits in multiple states and counties is a new scenario. There is no accurate comparison to the accusations he is leveling about nationwide voter fraud.

Suits have been filed in Pennsylvania, Georgia, Nevada, Arizona and Michigan. The majority of them have failed.

In Montgomery County, PA, a judge asked Trump lawyer Johnathan Goldstein directly if they had any proof of voter fraud. Goldstein replied, “To my knowledge at present, no.”

Also in Pennsylvania, a state court judge did order that poll observers were to be allowed closer to those counting ballots.

As of the writing of this article, seven states have officially certified their election results, with three states’ results not yet available, according to Ballotpedia.

Written by Cheyenne Heavener and Maclen Johnson