After Election Day, states are given 35 days to finalize vote tallies, resolve any potential lawsuits from either party contesting the results and select electors. This year’s “safe harbor” deadline falls on December 11 – but the possibility of disputes this year is raising some concern over key states’ compliance with the deadline.
If each state meets the safe harbor deadline and a set of electors are cleared, the Electoral College is bound to meet no more than 41 days after the date of the election – this year, that date is Tuesday, December 17. Across the country, election results will have to be certified in more than 3,000 counties, and all state results must be final by that date.
If any disputes remain after the Dec. 11 safe-harbor deadline, including if there are multiple sets of electors submitted from each state claiming safe harbor protection – then it falls to Congress to decide which electors, if any, may cast the state’s ballots for president.
One factor that could introduce complications is the possibility of litigation and emergency motions in response to the rise in mail-in ballots. Nevada, for example, will continue accepting ballots until four days after the election. Additionally, a new Georgia rule allowing county election boards to conduct open-ended inquiries into voting irregularities could cause GA to miss the December 11 deadline.
Another potential issue lies with the Bush v. Gore Supreme Court ruling, which enables states to reclaim the authority to appoint electors, potentially sidelining popular vote outcomes. This is particularly worrisome in states such as Arizona, North Carolina and Wisconsin, where partisan tensions could lead to competing elector slates if election results are contested.
