Welcome to DU!
The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards.
Join the community:
Create a free account
Support DU (and get rid of ads!):
Become a Star Member
Latest Breaking News
General Discussion
The DU Lounge
All Forums
Issue Forums
Culture Forums
Alliance Forums
Region Forums
Support Forums
Help & Search
General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsThread on how and why presidential elections *actually* work under state and federal law
Link to tweet
Tweet text:
Steve Vladeck
@steve_vladeck
1. In response to the President's claim that we "must have final total" election results *on* Election Day, here's a #thread on how and why presidential elections *actually* work under state and federal law and why, in fact, we've *never* had final results *on* Election Day.
Image
Steve Vladeck
@steve_vladeck
1. In response to the President's claim that we "must have final total" election results *on* Election Day, here's a #thread on how and why presidential elections *actually* work under state and federal law and why, in fact, we've *never* had final results *on* Election Day.
Image
Unrolled thread here
https://threadreaderapp.com/thread/1321033036104896513.html
1. In response to the President's claim that we "must have final total" election results *on* Election Day, here's a #thread on how and why presidential elections *actually* work under state and federal law and why, in fact, we've *never* had final results *on* Election Day.
Image
2. Let's start at the beginning. A U.S. presidential election is actually 51 *different* elections (50 states + DC), in which each jurisdiction votes for presidential *electors.* It's the *electors* who vote for President and they don't meet until *41 days* after the election:
Image
3. Why 41 days? To give states time to finish counting. Although Election Day is fixed by law, Congress has allowed states to set their own rules about when they count ballots including whether and to what extent to allow mail-in ballots, and by when those ballots must arrive.
4. And even for in-person ballots, it's usually not possible for states to *finish* counting *on* Election Day, especially since many state's laws don't allow *any* counting of ballots until all of the polls have closed (which happens sometime on the evening of Election Day).
5. Plus, if it's *really* close, states generally provide for automatic (and, in some cases, requested) *recounts* (like Florida in 2000), which have to take place before final results can be certified.
That's why *no* state requires certification of results *on* Election Day.
6. Indeed, only *one* state (Delaware, of course) has a certification deadline that's less than one week after Election Day.
Every other state waits at least a week and some *require* waiting far longer to officially certify their election results.
Election results certification dates, 2020 - Ballotpedia
https://ballotpedia.org/Election_results_certification_dates,_2020
7. Federal law not only recognizes this variation; it *encourages* it.
Under the "safe harbor" provision of the Electoral Count Act of 1887, a state's results will be deemed conclusive so long as they are certified within *five weeks* of Election Day:
law.cornell.edu/uscode/text/3/5
Image
Image
3 U.S. Code § 5 - Determination of controversy as to appointment of electors
https://www.law.cornell.edu/uscode/text/3/5
8. On election night, what we hear are *projections* that the media makes based upon evolving vote tallies and exit polls.
And when those projections give one candidate a majority in the Electoral College, those media groups "call" the election. But *NONE* of that is "official."
9. So when President Trump says we "must have final total" on November 3, he's just lying, both as a matter of historical practice and state and federal law. *Hopefully,* the results are clear enough by bedtime next Tuesday that the election is called for a particular candidate.
10. But if the media isn't able to call it Tuesday, that's not because of some nefarious plot; it's simply because the results are sufficiently close in the right number of states that it isn't yet clear who won and won't be until those states finish counting all legal ballots.
InfoView thread info, including edit history
TrashPut this thread in your Trash Can (My DU » Trash Can)
BookmarkAdd this thread to your Bookmarks (My DU » Bookmarks)
5 replies, 345 views
ShareGet links to this post and/or share on social media
AlertAlert this post for a rule violation
PowersThere are no powers you can use on this post
EditCannot edit other people's posts
ReplyReply to this post
EditCannot edit other people's posts
Rec (6)
ReplyReply to this post
5 replies
= new reply since forum marked as read
Highlight:
NoneDon't highlight anything
5 newestHighlight 5 most recent replies
Thread on how and why presidential elections *actually* work under state and federal law (Original Post)
Nevilledog
Oct 2020
OP
This is the best twitter thread on why the votes will be counted following election night
Thekaspervote
Oct 2020
#1
Thekaspervote
(32,819 posts)1. This is the best twitter thread on why the votes will be counted following election night
Dotard cant just say the ballots cant be counted because he doesnt want them to be counted. if the ballot arrived by the specified date and time, it will be counted
OregonBlue
(7,755 posts)2. This is very clear. Thank you.
The Magistrate
(95,264 posts)3. Exactly, Ma'am
One suspects the cretin actually thinks the teevee station's prediction of eventual outcome is official.
Nevilledog
(51,268 posts)5. To be fair, it's hard to be accurate when you're a fucking moron.
Roland99
(53,342 posts)4. K&R!