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Can candidates win an election if they have already conceded? (2024)
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.[1][2]
The outcome of an election is finalized during a process called the canvassing and certification of the vote. During the canvassing process, elections officials verify that votes were counted correctly. Officials reconcile absentee/mail-in ballots and military and overseas ballots, process provisional and challenged ballots, and review rejected ballots. After the canvass, officials publish a report, which often includes the official returns; informational statistics such as the number of each type of ballot cast, the number of absentee/mail-in ballots sent out, and the number of ballots rejected; and a narrative portion describing any issues, audits, or remedies. Depending on the state, official certification of the election may occur at the finalization of the canvass, or at a separate certification meeting.[3] State laws set different deadlines for when each state must complete the certification of election results. In 2024, these deadlines ranged 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.[4]
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.[5] After the Supreme Court ruling in Bush v. Gore, Gore conceded again on December 13, 2000, this time in a speech to supporters.[6]
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.[7]
See also
- Election recount laws and procedures in the 50 states
- Who can request a recount?
- Who pays for recounts and contested elections?
- Who can file election-related lawsuits?
- Who can call a redo election?
- What are the reasons to call a redo election?
Footnotes
- ↑ NPR, "Does A Concession Mean It's Over?," September 2, 2010
- ↑ The Washington Post, "Trump is wrong. Concession speeches aren’t binding at all." November 9, 2018
- ↑ Election Assistance Commission, "Election Management Guidelines Second Edition 2023," accessed September 8, 2024 (pages 127-132)
- ↑ The Hill, "Stacey Abrams responds to RNC chairwoman: 'Concession means to say that the process was fair'," August 19, 2019
- ↑ CNN, "Gore retracts concession as Florida eyes recount in presidential race," November 7, 2000
- ↑ The New York Times, "Gore Concedes in Speech Before Nation," December 13, 2000
- ↑ Tallahassee Democrat, "'This was not just about an election cycle': Andrew Gillum concedes for second time," November 17, 2018
