According to reports, Donald Trump has told sources that he has no plans to concede the election, Joe Biden winning the election.

With Joe Biden securing 270 electoral college votes, the stage is set for his return to the White House. 

Already, the president has mounted a number of legal claims over ballot counting amid claims of voter fraud with the president continuing such rhetoric both before and after the election.

In August he told a rally: "The only way we’re going to lose this election is if the election is rigged. Remember that. That’s the only way we’re going to lose this election."

When previously asked if he would commit to a peaceful transfer of power before the election he said: "We’re going to have to see what happens." 

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Has Donald Trump accepted the election defeat?

Donald Trump appears to be set on contesting the election. In a statement following media outlets calling the race for Mr Biden, Mr Trump said: "We all know why Joe Biden is rushing to falsely pose as the winner, and why his media allies are trying so hard to help him: they don’t want the truth to be exposed."

"The simple fact is this election is far from over.

 “Joe Biden has not been certified as the winner of any states, let alone any of the highly contested states headed for mandatory recounts, or states where our campaign has valid and legitimate legal challenges that could determine the ultimate victor.

“In Pennsylvania, for example, our legal observers were not permitted meaningful access to watch the counting process. Legal votes decide who is president, not the news media.”

So what happens if Donald Trump refuses to leave the White House?

Regardless of whether or not Donald Trump or Joe Biden wins the election, the new president will be inaugurated on January 20th. 

The constitution is very clear that a new president will take the oath of office on January 20 at noon. Such a policy is enshrined in the document. “The terms of the President and Vice President shall end at noon on the 20th day of January."

Trump should sit behind Biden as he is sworn in to signify a peaceful transition as is tradition. 

When asked if he believed that Donald Trump would leave the White House if he lost the election earlier this year, Joe Biden said he was “absolutely convinced” the military would remove Trump “with great dispatch.”

The claim comes despite the chairman of the Joint Chiefs of Staff stating that he intends to keep the military out of any election disputes.

However, Biden would have “the power to direct the Secret Service to physically remove Trump from the White House like any other trespasser.” As result, the presidential secret service would escort Trump out of the White House and revoke any access.  

Trump's legal challenges

If Donald Trump opts to challenge the election in court and it has not been resolved, then Trump could technically remain in the White House until there is an outcome of the election. 

Mr Trump could also take his case to the Supreme Court - but this would need to go through state laws first.

If the election result is challenged, it would require legal teams to challenge the result in the state courts. State judges would then need to uphold the challenge and order a recount, and Supreme Court justices could then be asked to overturn a ruling.

If issues remain over the electoral college votes (or a legal challenge is mounted over the arrival of votes), then the election would fall to the Senate and Republican Vice President Mike Pence to sort.

Sets of votes from the states in question could be excluded meaning neither candidate could reach the 270 electoral votes needed to clinch the presidency.

READ MORE: US election: Will Donald Trump concede the election? How previous presidential candidates accepted defeat

Following this, members of Congress would vote for president and vice president.

The House of Representatives would vote for president, with each state’s delegation getting one shared vote, and a simple majority of 26 votes needed to elect.

In the Senate, each senator gets one vote, with a simple majority of 51 votes needed to elect.

The US constitution makes no mention of how a president should be removed if they lose an election and refuse to hand over power to their opponent, but rather a series of protocols and expectations have been set from previous events.