Trump will reportedly declare victory if he's 'ahead' on Election Night but his claims will carry no legal weight and the remaining ballots will still be counted

  • President Donald Trump will say he won on Tuesday night if the initial results show him "ahead," according to an Axios report.
  • According to Axios, Trump will declare victory "even if the Electoral College outcome still hinges on large numbers of uncounted votes in key states like Pennsylvania."
  • Trump falsely claiming he won the election early has no legal impact on the race being called and will not stop the ballots from being tallied.
  • Trump has continually questioned the validity of mail-in and absentee ballots.
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President Donald Trump will declare victory on Tuesday night if the initial results show him "ahead," according to an Axios report.

But Trump falsely saying he won early has no legal impact on the race being called and will not stop the remaining ballots from being tallied.

For over a year, the president has raised the specter of massive voting fraud and questioned the validity of absentee ballots for the 2020 presidential election. The report is based on private conversations from three sources with connections to the president. 

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According to Axios, Trump will declare victory "even if the Electoral College outcome still hinges on large numbers of uncounted votes in key states like Pennsylvania."

He has privately said that he would likely declare victory if he wins or holds "commanding leads in Ohio, Florida, North Carolina, Texas, Iowa, Arizona and Georgia," according to Axios.

Trump campaign senior advisor Jason Miller did not show any signs of hesitancy on the president's chances, saying that he "will be re-elected handily and no amount of post-election Democratic thievery will be able to change the results."

Tim Murtaugh, communications director for the Trump campaign, told Axios that the report was "nothing but people trying to create doubt about a Trump victory."

He added: "When he wins, he's going to say so."

Many states will not be done counting ballots on Election night, including the critical Midwestern battlegrounds of Pennsylvania, Wisconsin, and Michigan.

The Trump campaign did not yet respond to Insider's request for comment. 

This story is breaking. Check back for updates.

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