Can candidates win an election if they have already conceded? (2020)

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This article covers subjects specific to the 2020 general election. It has not been updated to reflect subsequent developments.
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After the publishing of unofficial election results, a candidate may give a statement conceding the election to his or her opponent. That concession, however, is not legally binding, and the candidate can still be declared the winner based on final election results.

The outcome of an election is finalized during a process called the canvassing and certification of the vote. During this process, elections officials verify that votes were counted correctly. Officials review rejected ballots and finish tallying write-in, provisional, and mail-in ballots. State laws set different deadlines for when the process must be completed. In 2020, these deadlines range from mid-November to mid-December. It is possible that a candidate who concedes on election night or in the days afterward could end up winning the election once the results are certified.

Concessions often include both private and public components. Candidates commonly call opponents to congratulate them on their victory before giving a public concession speech to supporters. Though concession is a standard practice, it is optional. Candidates are not legally required to offer a concession.

Concessions can also be retracted. During the 2000 presidential race, Al Gore (D) conceded to George W. Bush (R) in a phone conversation. However, as it became clearer that election results in Florida could trigger an automatic recount there, Gore retracted his concession in a second phone call to Bush. After the Supreme Court ruling in Bush v. Gore, Gore conceded again on December 13, 2000, this time in a speech to supporters.

At the state level, in Florida’s 2018 gubernatorial race, Andrew Gillum (D) withdrew his concession to Ron DeSantis (R) after the election went to a recount. DeSantis defeated Gillum, who conceded for a second time on November 17, 2018.

Can candidates challenge the results of the 2020 elections?

The 2020 election took place against a backdrop of uncertainty. Our readers had questions about what to expect in elections at all levels of government, from the casting of ballots to the certification of final results. Ballotpedia's 2020 Election Help Desk was designed to answer those questions.

More frequently asked questions about the 2020 election

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• General election information
  • Who runs elections in the United States?
  • Why do states have different election rules?
  • What methods do states use to prevent election fraud?
  • Do you have to vote for everything on your ballot?
  • What happens if you mark outside the lines or use the wrong pen/pencil?
  • What is a spoiled ballot?
  • What is a write-in candidate?
  • How can I check the status of my ballot?
  • Can I take a ballot selfie?

• Presidential election
  • What happens if a presidential candidate declares victory in the 2020 election before results are final?
  • Can presidential candidates win the election if they have already conceded?
  • What are the steps and deadlines for electing the President of the United States?
  • What happens if there is a tie in the Electoral College?
  • What are faithless electors in the Electoral College?
  • What happens if a presidential nominee becomes incapacitated before the election?
  • Can members of Congress object to Electoral College results?

• Processing and counting absentee/mail-in ballots
  • What is the life cycle of an absentee/mail-in ballot?
  • What happens if I vote by mail and want to change my ballot at a later date?
  • What happens if someone votes by mail and then tries to vote in person?
  • How do states protect and verify absentee/mail-in ballots?
  • How do election workers match signatures?
  • Are results reported on election night coming from in-person or absentee/mail-in votes?
  • Do states report how many mail-in/absentee ballots are outstanding on election night?
  • Do absentee/mail-in ballots take longer to count than in-person ballots?
  • What happens if someone votes by mail-in ballot or absentee ballot and subsequently passes away before Election Day?

• Disputing election results
  • How will election recounts work?
  • How close does an election have to be to trigger an automatic recount?
  • Can a candidate or voter request a recount?
  • Who pays for recounts and contested elections?
  • What are poll watchers?
  • What does it mean to challenge a voter's eligibility, and who can do it?
  • What is a redo election?
  • Who can file election-related lawsuits?
  • What are the reasons to call a redo election?
  • Who can call a redo election?
  • Can a redo be held for a presidential election?

• Election result reporting and certification
  • What happens if candidates declare victory in the 2020 election before results are final?
  • Can candidates win an election if they have already conceded?
  • How and when are election results finalized?
  • How do major media outlets declare winners?

• Transitions of power and taking office
  • Who is the president if election results are unknown by January 20, 2021?
  • Who serves in Congress if election results are unknown by January 2021?
  • Who serves in a state or local government if election results are unknown?
  • What happens if the winning presidential candidate becomes incapacitated before taking office?

• Articles about potential scenarios in the 2020 election
• U.S. Supreme Court actions affecting the November 3, 2020, general election

See also

• Election recount laws and procedures in the 50 states, 2020
• Election results certification dates, 2020

Related articles

• The Associated Press, "North Carolina Democrat drops race concession amid probe," December 6, 2018
• The Hill, "Gillum retracts concession in Florida governor's race," November 10, 2018