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Can presidential candidates win the election if they have already conceded? (2020)
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Presidential candidates concede when they give a statement to the effect that they have lost the election. A concession does not determine the outcome of the election. Candidates can still win the election even if they initially conceded.[1][2]
Presidential election results remain partial and unofficial on election night. The popular vote is finalized in 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.[3] State laws set different deadlines for when the process must be completed. In 2020, these deadlines range from mid-November to mid-December.
The certified election results, rather than unofficial results available on election night, determine which electors represent each state in the Electoral College. In 2020, the Electoral College is scheduled to vote on December 14. Congress will then convene on January 6, 2021 to count the electoral votes and formally declare the winner. At this point, members of Congress have the opportunity to present objections to the Electoral College vote.[4] It is possible that a candidate who concedes on election night ends up winning when Congress formally declares the outcome of the election in January. For more information on the steps involved in electing the president, please click here.
Concessions are also retractable. On November 8, 2000, 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]
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
Click on a question below to read the answer:
- 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?
- 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 results certification dates, 2020
- Election recount laws and procedures in the 50 states, 2020
- Recount laws in Florida
Related articles
- The Washington Post, "The Story Behind the Near-Concession," November 8, 2000
- NPR, "The Florida Recount Of 2000: A Nightmare That Goes On Haunting," November 12, 2018
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, "Canvassing and Certifying an Election," accessed October 12, 2020
- ↑ Congressional Research Service, "The Electoral College: A 2020 Presidential Election Timeline," September 3, 2020
- ↑ The Washington Post, "Gore Retracts Concession Call," November 8, 2000
- ↑ The New York Times, "Gore Concedes in Speech Before Nation," December 13, 2000