| From | Jerrick Adams <[email protected]> |
| Subject | Thirty-seven states, D.C. certify their election results |
| Date | December 2, 2020 8:39 PM |
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What does certification mean, and how does it relate to the finalization of the presidential election?
[Ballot Bulletin by Ballotpedia]
SPONSORED BY PROBOLSKY RESEARCH ([link removed])
WELCOME TO _THE BALLOT BULLETIN_, where we track developments in election policy at the federal, state, and local levels. Each issue includes an in-depth feature—such as an interview or legislative analysis—and discussions of recent events relating to electoral and primary systems, redistricting, and voting provisions.
Have a question/feedback/or just want to say hello? Respond to this email, or drop me a line directly at [email protected].
Read on Ballotpedia ([link removed]) [link removed]
** SHARE THIS NEWSLETTER
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[link removed] out this info I found from Ballotpedia&body=[link removed] Bulletin: Thirty-seven states, D.C. certify their election results&summary=What does this mean, and how does it relate to the finalization of the presidential election?
** THIRTY-SEVEN STATES, D.C. CERTIFY THEIR ELECTION RESULTS
------------------------------------------------------------
As of Dec. 2, 37 states and the District of Columbia have certified ([link removed]) their election results. What does this mean, and how does it relate to the finalization of the presidential election? We tackle those questions in this week's edition.
** WHAT IT MEANS FOR ELECTION RESULTS TO BE CERTIFIED
------------------------------------------------------------
The election results states and localities report after polls close on Election Day are PRELIMINARY RETURNS. These initial counts are not the official results of the election. First, election officials at the local and state levels must CANVASS the returns to verify that each ballot cast in the election has been correctly counted. When the canvass is completed, officials must CERTIFY, or make official, the results of the election.
Canvassing and certification are interrelated processes, and the terms are sometimes used interchangeably. We are focusing on the CERTIFICATION process specifically.
** STATES THAT HAVE CERTIFIED THEIR RESULTS
------------------------------------------------------------
To date, 37 states and the District of Columbia ([link removed]) have certified their election results. These states are shaded blue on the map below.
These states have a total of 316 Electoral College electors, 148 of whom are pledged to President-elect Joe Biden (D). The remainder (168) are pledged to President Donald Trump (R).
** WHAT COMES NEXT?
------------------------------------------------------------
The following states will certify their results in the next two weeks. Certification deadlines, where available, are provided (as are Electoral College votes and projected winners):
* CALIFORNIA: Dec. 11 (55; Biden)
* CONNECTICUT: Dec. 3 (7; Biden)
* HAWAII: Not specified (4; Biden)
* ILLINOIS: Dec. 4 (20; Biden)
* MARYLAND: Dec. 8 (10; Biden)
* MISSOURI: Dec. 8 (10; Trump)
* NEW JERSEY: Dec. 8 (14; Biden)
* NEW YORK: Dec. 7 (29; Biden)
* OREGON: Dec. 3 (7; Biden)
* TENNESSEE: Not specified (11; Trump)
* TEXAS: Dec. 3 (38; Trump)
* WASHINGTON:Dec. 3 (12; Biden)
* WEST VIRGINIA: Dec. 3 (5; Trump)
Federal law requires states to appoint their slates of Electoral College electors and settle any disputes related to the presidential election by Dec. 8. This is referred to as the _safe-harbor provision_.
The 538 members of the Electoral College will meet in their respective state capitals on Dec. 14 to cast their votes. On Jan. 6, 2021, the newly elected Congress convenes in a joint session to count the electoral votes.
Members of Congress can object to the results. If both a House and Senate member make a written objection to a state's results, Congress will debate and vote on the objection's merit. Electoral votes can be excluded only if both chambers vote to accept the objection. If a ticket receives 270 electoral votes(a majority of the 538 members of the Electoral College)the vice president (acting as Senate president) formally declares that individual winner of the election.
For more information about these key dates and deadlines, see this article ([link removed])) .
[link removed]
** LITIGATION UPDATE: _DONALD J. TRUMP FOR PRESIDENT, INC. V. BOOCKVAR_
------------------------------------------------------------
On Nov. 27, a three-judge panel of the U.S. Court of Appeals for the Third Circuit unanimously declined to postpone certification of the state's election results, rejecting the Trump campaign's claims of widespread voting irregularities.
** WHAT'S AT ISSUE, AND HOW THE LOWER COURT RULED
------------------------------------------------------------
On Nov. 9, the Trump campaign sued ([link removed]) Secretary of the Commonwealth Kathy Boockvar ([link removed]) (D) and several county-level officials, alleging multiple violations of the state election code and the U.S. Constitution. In their complaint, attorneys for the campaign said:
Plaintiffs seek an emergency order prohibiting Defendants from certifying the results of the General Election. In the alternative, Plaintiffs seek an emergency order prohibiting Defendants from certifying any results from the General Election that included the tabulation of absentee and mail-in ballots which do not comply with the Election Code, including, without limitation, the tabulation of absentee and mail-in ballots Trump Campaign’s watchers were prevented from observing or based on the tabulation of invalidly cast absentee and mail-in ballots which (i) lack a secrecy envelope, or contain on that envelope any text, mark, or symbol which reveals the elector’s identity, political affiliation, or candidate preference, (ii) do not include on the outside envelope a completed declaration that is dated and signed by the elector, or (iii) are delivered in-person by third parties for non-disabled voters. Lastly and in addition to the alternative requests for relief, Plaintiffs seek a permanent injunction requiring the County Election Boards to invalidate ballots cast by voters who were notified and given an opportunity to cure their invalidly cast mail-in ballot.
U.S. District Court Judge Matthew Brann ([link removed]) heard oral arguments on Nov. 17. On Nov. 21, Brann dismissed ([link removed]) the lawsuit, finding that the Trump campaign had presented "strained legal arguments without merit and speculative accusations, unpled in the operative complaint and unsupported by evidence."
On Nov. 22, the Trump campaign appealed Brann's decision to the Third Circuit, asking that the court postpone the certification of election results pending further court proceedings. The Third Circuit set an expedited schedule for considering the appeal.
** HOW THE COURT RULED
------------------------------------------------------------
On Nov. 27, a three-judge panel of the Third Circuit unanimously denied ([link removed]) the Trump campaign's request. Judge Stephanos Bibas ([link removed]) (a Trump appointee) wrote for the court:
The campaign’s claims have no merit. The number of ballots it specifically challenges is far smaller than the roughly 81,000-vote margin of victory. And it never claims fraud or that any votes were cast by illegal voters. Plus, tossing out millions of mail-in ballots would be drastic and unprecedented, disenfranchising a huge swath of the electorate and upsetting all down-ballot races too. That remedy would be grossly disproportionate to the procedural challenges raised. So we deny the motion for an injunction pending appeal.
Judges Brooks Smith ([link removed]) and Michael Chagares ([link removed]) , both George W. Bush (R) appointees, joined Bibas' opinion.
** WHAT COMES NEXT?
------------------------------------------------------------
Attorneys for the Trump campaign said ([link removed]) they intended to appeal the Third Circuit's decision to the U.S. Supreme Court. A formal filing had not been made as of Dec. 2.
** IN OUR NEXT EDITION
------------------------------------------------------------
We will publish our next edition of _The Ballot Bulletin_ on Jan. 6, 2021. In the meantime, subscribe to our Election Help Desk ([link removed]) newsletter to stay abreast of ongoing developments involving election disputes. And keep an eye out for our new redistricting newsletter. The first issue will come out Dec. 16.
[link removed]
** EVERYTHING ON BALLOTPEDIA IS FREE TO READ
------------------------------------------------------------
------------------------------------------------------------
But it isn't free to produce. We depend on people like you to ensure that access to neutral and accurate information about American politics stays available to all. Donations to Ballotpedia are tax deductible and go directly toward producing great content like this newsletter.
Please consider donating today!
> DONATE TO BALLOTPEDIA ([link removed])
BALLOTPEDIA NEWS ([link removed])
STAY CONNECTED
[link removed] [link removed] [link removed] [link removed] [link removed]
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Decide which emails you would like to get from Ballotpedia
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COPYRIGHT © 2020. ALL RIGHTS RESERVED.
[Ballot Bulletin by Ballotpedia]
SPONSORED BY PROBOLSKY RESEARCH ([link removed])
WELCOME TO _THE BALLOT BULLETIN_, where we track developments in election policy at the federal, state, and local levels. Each issue includes an in-depth feature—such as an interview or legislative analysis—and discussions of recent events relating to electoral and primary systems, redistricting, and voting provisions.
Have a question/feedback/or just want to say hello? Respond to this email, or drop me a line directly at [email protected].
Read on Ballotpedia ([link removed]) [link removed]
** SHARE THIS NEWSLETTER
------------------------------------------------------------
[link removed] out this info I found from Ballotpedia&body=[link removed] Bulletin: Thirty-seven states, D.C. certify their election results&summary=What does this mean, and how does it relate to the finalization of the presidential election?
** THIRTY-SEVEN STATES, D.C. CERTIFY THEIR ELECTION RESULTS
------------------------------------------------------------
As of Dec. 2, 37 states and the District of Columbia have certified ([link removed]) their election results. What does this mean, and how does it relate to the finalization of the presidential election? We tackle those questions in this week's edition.
** WHAT IT MEANS FOR ELECTION RESULTS TO BE CERTIFIED
------------------------------------------------------------
The election results states and localities report after polls close on Election Day are PRELIMINARY RETURNS. These initial counts are not the official results of the election. First, election officials at the local and state levels must CANVASS the returns to verify that each ballot cast in the election has been correctly counted. When the canvass is completed, officials must CERTIFY, or make official, the results of the election.
Canvassing and certification are interrelated processes, and the terms are sometimes used interchangeably. We are focusing on the CERTIFICATION process specifically.
** STATES THAT HAVE CERTIFIED THEIR RESULTS
------------------------------------------------------------
To date, 37 states and the District of Columbia ([link removed]) have certified their election results. These states are shaded blue on the map below.
These states have a total of 316 Electoral College electors, 148 of whom are pledged to President-elect Joe Biden (D). The remainder (168) are pledged to President Donald Trump (R).
** WHAT COMES NEXT?
------------------------------------------------------------
The following states will certify their results in the next two weeks. Certification deadlines, where available, are provided (as are Electoral College votes and projected winners):
* CALIFORNIA: Dec. 11 (55; Biden)
* CONNECTICUT: Dec. 3 (7; Biden)
* HAWAII: Not specified (4; Biden)
* ILLINOIS: Dec. 4 (20; Biden)
* MARYLAND: Dec. 8 (10; Biden)
* MISSOURI: Dec. 8 (10; Trump)
* NEW JERSEY: Dec. 8 (14; Biden)
* NEW YORK: Dec. 7 (29; Biden)
* OREGON: Dec. 3 (7; Biden)
* TENNESSEE: Not specified (11; Trump)
* TEXAS: Dec. 3 (38; Trump)
* WASHINGTON:Dec. 3 (12; Biden)
* WEST VIRGINIA: Dec. 3 (5; Trump)
Federal law requires states to appoint their slates of Electoral College electors and settle any disputes related to the presidential election by Dec. 8. This is referred to as the _safe-harbor provision_.
The 538 members of the Electoral College will meet in their respective state capitals on Dec. 14 to cast their votes. On Jan. 6, 2021, the newly elected Congress convenes in a joint session to count the electoral votes.
Members of Congress can object to the results. If both a House and Senate member make a written objection to a state's results, Congress will debate and vote on the objection's merit. Electoral votes can be excluded only if both chambers vote to accept the objection. If a ticket receives 270 electoral votes(a majority of the 538 members of the Electoral College)the vice president (acting as Senate president) formally declares that individual winner of the election.
For more information about these key dates and deadlines, see this article ([link removed])) .
[link removed]
** LITIGATION UPDATE: _DONALD J. TRUMP FOR PRESIDENT, INC. V. BOOCKVAR_
------------------------------------------------------------
On Nov. 27, a three-judge panel of the U.S. Court of Appeals for the Third Circuit unanimously declined to postpone certification of the state's election results, rejecting the Trump campaign's claims of widespread voting irregularities.
** WHAT'S AT ISSUE, AND HOW THE LOWER COURT RULED
------------------------------------------------------------
On Nov. 9, the Trump campaign sued ([link removed]) Secretary of the Commonwealth Kathy Boockvar ([link removed]) (D) and several county-level officials, alleging multiple violations of the state election code and the U.S. Constitution. In their complaint, attorneys for the campaign said:
Plaintiffs seek an emergency order prohibiting Defendants from certifying the results of the General Election. In the alternative, Plaintiffs seek an emergency order prohibiting Defendants from certifying any results from the General Election that included the tabulation of absentee and mail-in ballots which do not comply with the Election Code, including, without limitation, the tabulation of absentee and mail-in ballots Trump Campaign’s watchers were prevented from observing or based on the tabulation of invalidly cast absentee and mail-in ballots which (i) lack a secrecy envelope, or contain on that envelope any text, mark, or symbol which reveals the elector’s identity, political affiliation, or candidate preference, (ii) do not include on the outside envelope a completed declaration that is dated and signed by the elector, or (iii) are delivered in-person by third parties for non-disabled voters. Lastly and in addition to the alternative requests for relief, Plaintiffs seek a permanent injunction requiring the County Election Boards to invalidate ballots cast by voters who were notified and given an opportunity to cure their invalidly cast mail-in ballot.
U.S. District Court Judge Matthew Brann ([link removed]) heard oral arguments on Nov. 17. On Nov. 21, Brann dismissed ([link removed]) the lawsuit, finding that the Trump campaign had presented "strained legal arguments without merit and speculative accusations, unpled in the operative complaint and unsupported by evidence."
On Nov. 22, the Trump campaign appealed Brann's decision to the Third Circuit, asking that the court postpone the certification of election results pending further court proceedings. The Third Circuit set an expedited schedule for considering the appeal.
** HOW THE COURT RULED
------------------------------------------------------------
On Nov. 27, a three-judge panel of the Third Circuit unanimously denied ([link removed]) the Trump campaign's request. Judge Stephanos Bibas ([link removed]) (a Trump appointee) wrote for the court:
The campaign’s claims have no merit. The number of ballots it specifically challenges is far smaller than the roughly 81,000-vote margin of victory. And it never claims fraud or that any votes were cast by illegal voters. Plus, tossing out millions of mail-in ballots would be drastic and unprecedented, disenfranchising a huge swath of the electorate and upsetting all down-ballot races too. That remedy would be grossly disproportionate to the procedural challenges raised. So we deny the motion for an injunction pending appeal.
Judges Brooks Smith ([link removed]) and Michael Chagares ([link removed]) , both George W. Bush (R) appointees, joined Bibas' opinion.
** WHAT COMES NEXT?
------------------------------------------------------------
Attorneys for the Trump campaign said ([link removed]) they intended to appeal the Third Circuit's decision to the U.S. Supreme Court. A formal filing had not been made as of Dec. 2.
** IN OUR NEXT EDITION
------------------------------------------------------------
We will publish our next edition of _The Ballot Bulletin_ on Jan. 6, 2021. In the meantime, subscribe to our Election Help Desk ([link removed]) newsletter to stay abreast of ongoing developments involving election disputes. And keep an eye out for our new redistricting newsletter. The first issue will come out Dec. 16.
[link removed]
** EVERYTHING ON BALLOTPEDIA IS FREE TO READ
------------------------------------------------------------
------------------------------------------------------------
But it isn't free to produce. We depend on people like you to ensure that access to neutral and accurate information about American politics stays available to all. Donations to Ballotpedia are tax deductible and go directly toward producing great content like this newsletter.
Please consider donating today!
> DONATE TO BALLOTPEDIA ([link removed])
BALLOTPEDIA NEWS ([link removed])
STAY CONNECTED
[link removed] [link removed] [link removed] [link removed] [link removed]
------------------------------------------------------------
GET OUR APP
[link removed]
BALLOTPEDIA
8383 Greenway Blvd | Suite 600 | Middleton, WI 53562
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