Axios report

Axios report

There's a good chance that Trump is ahead on Tuesday night but eventually loses. That's because mail-in votes in Pennsylvania, Michigan and North Carolina are likely to be counted after in-person votes. Mail-in votes skew Democrat and in-person skews Democrats.

Axios reports that:

"Trump has told people he plans to declare victory if he's ahead Tuesday," they report. "We spoke to a few people in the Trump world on Sunday who said that they will publicly try to make the point that states and localities should make a clear delineation between the ballots that come in before Election Day and the ones that arrive afterward. Decrlaring victory before the battle is won is silly & somewhat dangerous behavior, and should be taken with a mountain of salt, if you want to pay attention to it at all. A smattering of states -- including the all-important Pa.,, Wis., and Mich. -- could be unresolved by Tues. Trump said Sun he'll be going "in with our lawyers" "as soon as the election is over." Josh Shapiro, Pa's A.G., tweeted: "FACT CHECK: Our elections are over when all the votes are counted. But if your lawyers want to try us, we'd be happy to defeat you in court one more time."

This could be setting up the mother of all legal battles.