Theoretically, it could happen, especially if one or both parties are successful in their efforts to undermine the election, which is on clear display from efforts to promote a clearly phony US Post Office scandal. Consider as well that every one of the battleground states, save Arizona, are under the control of Secretaries of States who are loyal Democrats. And a few of my friends will remember what happened to former US Senator Norm Coleman (R-MN) and his reelection in 2008, who won on election day, but lost to future Senator Al Franken once the Democratic Secretary of State got involved.
Read it for yourself, and I’ll look forward to hearing from legal and constitutional experts here for their perspective. From my perspective, I think the Supreme Court would likely force the US House to act well in advance of January 20, 2021, to prevent this.
One more wrinkle. The new Congress will be sworn in around January 3rd, so the election results will decide the composition of the House and Senate for the next congress, in advance of any vote for Vice President or President, which would not need to occur until the new presidential term begins at noon on January 20, 2021. Your vote for Senator and Representative on November 3rd may matter more than you know.