WASHINGTON — While millions of Americans are preparing to head to the polls Tuesday and cast their vote in numerous federal, state and local races, the results of the big ticket race – president of the United States – are not always known on the same day. How long it takes to declare a projected winner in the presidential race depends both on how tight the race is and how fast ballots are counted by states.
In 2020, former President Donald Trump sparked a lot of conversation about the timeline of race results, tweeting "The Election should end on November 3rd, not weeks later!" and saying in interviews that counting ballots for weeks after the election was not "by our laws."
Our fact checking team looked into this assertion in 2020 and verified there is no federal election law mandating that we have election results on election night. The only Constitutional requirement comes from the 20th Amendment, which says that a president must be inaugurated by Jan. 20.
So, what deadlines are there?
The rest of the deadlines come from federal law, namely Title 3 of the United Stated Code. It mandates that presidential electors must cast their ballots by the first Monday after the second Wednesday in December.
This year that's Dec. 16, 2024. Congress officially counts these votes by Jan. 6.
And yet, in most election years, we know the results earlier. In 2020, Joe Biden was declared the victor over Donald Trump the Saturday following Election Day, on Nov. 7. But in 2016, it was even faster. Trump was called as the projected winner in the wee hours of the morning the Wednesday following the election, on Nov. 9, despite losing the popular vote to Hilary Clinton. Both Barack Obama’s 2008 and 2012 wins were called before midnight on Election Day.
Here are some examples of how state laws vary when it comes to counting ballots post-election:
Absentee Ballots
Absentee deadlines can vary widely across the country.
According to the National Conference of State Legislatures, if the ballot is postmarked by Election Day, several states allow the ballot to be counted days, even weeks later.
In Maryland and D.C., if it’s postmarked by Election Day, mail-in ballots can be counted up to 10 days after the election, on Nov. 13. In Virginia, the deadline is noon, three days after the election, on Nov. 6.
Some states offer even more time. If postmarked by Election Day, Illinois will count a mail-in ballot up to 14 days later, and in California, up to 17 days later.
Other states, like Delaware, Georgia and Montana, won’t accept mail-in ballots after the polls close on Election Day.
Provisional Ballots
You may have heard a lot about provisional ballots recently.
They ensure that every eligible voter is given the chance to vote even if their name does not appear on the voter roll and their identity cannot be verified at the time. Provisional ballots are often referred to as a “fail-safe.”
Provisional votes are counted after election officials can verify your identity and eligibility to vote. In some states they can also be counted after the polls close on election night.
In Maryland, for instance, election officials begin counting provisional ballots, the second Wednesday after the election. This year, that’s Nov. 13.
Active Duty Military and Overseas voters
Overseas and military voters have special voting rights under the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) of 1986. It helps make it easier for those serving in the military, their families and U.S. citizens living outside of the country, to vote by absentee.
Some states allow military and overseas voters some wiggle room if they can’t return their ballot by Election Day.
For instance, in North Carolina, military or overseas voters can return their ballot via a Federal Write-In Absentee Ballot (FWAB), mail, fax, or email. Their ballot may still be accepted if it’s cast on Election Day before the close of polls.
If you have Election Day questions we haven't answered yet, text us at 202-895-5599.