How Long Do States Have to Count Ballots Legally?

Will states be able to count all of the votes cast before Election Day, with 100 million ballots cast before Election Day?

What you will discover:

What is the deadline for all states to send in their vote counts, and are there various deadlines for different states?
What happens if there are not enough people to tally all the votes before the deadline?
Can the deadline for counting votes be extended, and how would this affect the remainder of the election timeline?
How can I ensure that my mail-in ballot is received and counted?

Every presidential election is critical, but Election 2020 has a lot on the line. Some people are thrilled to have a say in whether present policies should be maintained, while others desire fresh paths. Voter turnout is unusually high, and COVID limits have enabled more voters to pick safer and more convenient voting choices, perhaps resulting in much more votes cast than in previous years. Over 100 million Americans have already voted in-person early voting and by mail as of today, Election Day.

The flood of early voting and mail-in ballots has raised questions about whether a thorough and accurate count on Election Day is conceivable, and how long states have to finish the process of counting votes after Election Day. Here are some frequently asked questions about vote counting in Election 2020.

What is the deadline for all states to send in their vote counts, and are there various deadlines for different states?

To account for any delays, such as ballots delivered over the mail or absentee ballots submitted from all over the globe, each state has its own deadline for completing and certifying election results.

On average, it takes around two weeks after the general election, however the actual date and official canvassing processes differ by state. North Dakota officials, for example, must analyze and certify the ballots 17 days after the general election, but Ohio needs 21 days. Special elections in Washington State must be held within 10 days, primary within 14 days, and general elections within 21 days.

Ballots may be received three days after Election Day in Pennsylvania if they are mailed on Election Day or earlier. Wisconsin provides six days with the same requirements.

Texas allows for considerable leeway in delayed counting. In most circumstances, official reviewing must take place no sooner than the 15th day after a general election and no later than the 30th. In the case of provisional votes, the review may take place no sooner than the 18th day and no later than the 33rd.

What happens if there are not enough people to tally all the votes before the deadline?

States have some leeway, which is beneficial for elections like this one, when there will be a large number of votes mixed with strong emotion and media attention.

Although each state has a deadline, it may take a bit longer, particularly if there are any potential local disputes, such as a challenger challenging results or an absentee voter living overseas citing difficulties in turning in their ballot.

The deadline for a state to settle a challenged election under the “Safe Harbor” provision is December 8.

This also allows us more time to form the Electoral College, which must vote on December 14 and send results to Washington, D.C. by December 23.

Can the deadline for counting votes be extended, and how would this affect the remainder of the election timeline?

By law, Congress might vote to modify election deadlines and Electoral College voting days, but this cannot be done by presidential order. The Supreme Court may also have to rule on multiple predicted injunctions from various political parties taking opposing positions in this probable circumstance.

Delays might have repercussions on many aspects of governance, including the declared length of terms of elected politicians and even inauguration ceremonies. If the election was postponed for a month or more, each affected office holder would still be obligated to serve a full term rather than resign when they usually would to ensure the following election went off without a hitch.

These are not new questions for 2020. Similar talks took place in the fall of 2001, when the nation was still suffering from the tragic September terrorist assault. The Supreme Court had a factor in the result of the presidential election the previous November. Lawmakers and presidents alike agreed then and today that the country’s almost 250-year history had never necessitated such dramatic measures.

How can I ensure that my mail-in ballot is received and counted?

If an eligible voter contacts or visits their state’s election page, the Secretary of State’s office for that state may offer this information. Here’s a helpful list of states with links to assist you track your mailed-in vote. For example, Washington voters may check the progress of their mail-in ballot at votewa.gov.Contact an attorney if you are worried about voting anomalies or voter intimidation, or if you suspect election fraud with your ballot or in your town, and want to know whether your legal rights have been violated.