Election 2020: When Are Results Official and What Happens if Results Are Disputed

The 2020 Presidential election is seeing unprecedented volatility leading up to November 3. Will this volatility make a difference, helping or hurting the system’s capacity to serve its purpose? This is the first of many questions about the 2020 election that moderator Steven F. Huefner (Moritz Law) will discuss with Edward B. Foley (Moritz Law), Derek T. Muller (Iowa Law), and Franita Tolson (USC Gould Law) on this episode of Reasonably Speaking.

Every election year presents its own distinct set of challenges, but 2020 has been a uniquely challenging year. What can voters expect on and after Election Night? Election results are never final until much later – this year on December 14. On that date, electors will be appointed in all states on the basis of the popular vote in each state, but will we declare success? If not, why not; in other words, what would cause the failure to achieve closure by December 14 in one or more pivotal states? Will the pre-election volatility play a significant role in post-Election Day events?

The views and opinions expressed on Reasonably Speaking are those of the speakers and do not necessarily reflect the policy or position of The American Law Institute or the speakers’ organizations. The content presented in this broadcast is for informational purposes only and should not be considered legal advice. Please be advised that episodes of Reasonably Speaking explore complex and often sensitive legal topics and may contain mature content.

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