What Are the Deadlines for Counting Mail-In Votes and Absentee Ballots?
Surge in mailed ballots means the vote count may well stretch past Election Day
Q: What are the deadlines for counting mail-in votes and absentee ballots?
A: Election officials say the country should be prepared not to know who won the White House on Election Day, citing a surge of mail-in ballots that some states will need extra time to count.
Even in a normal year, the results announced on election night are considered unofficial by election authorities. States generally conduct a certification process to verify the final tally, which can take weeks. That is potentially more significant in a close race.
“We have to prepare for the very strong probability that an election unlike any other we’ve ever had might take a little longer to accurately count with integrity,” David Becker, executive director and founder of the nonpartisan Center for Election Innovation & Research, previously told the Journal. “More time being taken to report results is not an indication of a problem.”
Election results are formalized through two processes called canvassing and certification. Canvassing refers to the act of states verifying that each ballot was counted correctly. Certification is the formal process of making election results official.
Certification deadlines vary state-by-state. Six states—Delaware, Louisiana, Oklahoma, South Dakota, Vermont and Virginia—have set certification deadlines within one week of the election.
Twenty-six states and the District of Columbia have certification deadlines between Nov. 10 and Nov. 30. This group includes key swing states like Arizona, Florida, Michigan, North Carolina, Ohio and Pennsylvania.
Fourteen states have certification deadlines that stretch into December. This group includes Wisconsin, a key swing state for the 2020 election, and states with larger populations such as New York, Texas and California.
Four states—Hawaii, New Hampshire, Rhode Island and Tennessee—don’t have certification deadlines outlined in their state statutes.
One little-known but important date to keep in mind is the safe harbor deadline, which is set for Dec. 8 this year. The safe harbor deadline is the date by which each state must resolve any contests or controversies about election results in order to guarantee approval by Congress. During the 2000 election between George W. Bush and Al Gore, the safe harbor deadline played a key role in determining when Florida had to report its results, which ultimately swung the election in favor of George W. Bush. A deeply divided Supreme Court at the time voted 5-4 to deny an extension of the safe harbor deadline for Florida’s recount.
Under federal law, in what is known as the Electoral College process, the 538 electors who have been selected by each state must cast their votes on Dec. 14 for president and vice president.