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Election Help Desk: 11/4/20 AM

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Election results progress
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Election Help Desk

Ballotpedia's 2020 Election Help Desk

Welcome to Ballotpedia's Election Help Desk Newsletter. We're following results for 9,763 elections held on Nov. 3. This morning, we cover: 

  • Progress made toward calling elections and resolving recounts and lawsuits
  • The latest on the presidential race
  • Challenge and recount laws you should know today
  • Noteworthy lawsuits 
  • Upcoming absentee/mail-in ballot receipt deadlines

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Days since election day: 1

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Election results progress

Click here to read how Ballotpedia calls races. Click here for Ballotpedia's coverage scope.

Ballotpedia is following results in 9,763 elections, including each state in the presidential election. Here's the status of these elections as of 9 a.m. on Nov. 4, subject to change as more results come in:

  • 46.4% (4,530) are called and not subject to a recount or lawsuit
  • 53.6% (5,230) are uncalled and not subject to a recount or lawsuit
  • One race is currently called but subject to a lawsuit
  • Two races are currently uncalled and subject to a lawsuit
Races covered by BP

Presidential election update

As of 9 a.m. on Nov. 4:

42 of 51 states + D.C. called in the presidential election

  • Uncalled states: Alaska, Arizona, Georgia, Maine, Michigan, North Carolina, Nevada, Pennsylvania, Wisconsin
  • 213 electoral votes for Donald Trump (R)
  • 224 electoral votes for Joe Biden (D)
  • There are currently no active post-election lawsuits, challenges, or recounts in the presidential election.

Challenge and recount laws to know

Arizona, Georgia, Michigan, North Carolina, Pennsylvania, and Wisconsin are expected to be decisive in the presidential election. Given the narrowness of the margins separating Trump and Biden at the time of writing in these states, candidates and their campaigns could pursue ballot challenges and/or recounts.

More about challenging voters and/or ballots

In some cases, individuals may challenge either a voter's eligibility or the validity of a voter's ballot. In the six states noted above, the following groups of individuals may challenge voters and/or ballots: 

  • Arizona: Any eligible voter
  • Georgia: Any eligible voter
  • Michigan: Election officials and poll watchers
  • North Carolina: Any eligible voter
  • Pennsylvania: Any eligible voter
  • Wisconsin: Any eligible voter

More about recounts in presidential elections: Recounts can either happen automatically or at the request of candidates and/or voters. Recount requirements in presidential elections in the five states noted above are as follows: 

  • Arizona:
    • Automatic recounts: 0.1% of the votes cast for both candidates, or 200 votes for offices where the turnout is greater than 25,000.
    • Recount requests: No requested recounts.
  • Georgia
    • Automatic recount: No automatic recounts.
    • Recount requests: Candidates can request recounts if the margin is less than or equal to 0.5%. Candidates must request a recount no later than two business days after result certification.
  • Michigan
    • Automatic recount: Margin equal to or less than 2,000 votes.
    • Recount requests: Candidates can request recounts; no margin requirement. Candidates must request a recount no later than 48 hours after completion of the canvass.
  • North Carolina
    • Automatic recount: No automatic recounts.
    • Recount requests: Candidates can request recounts if the margin is equal to or less than 10,000 votes, or 0.5%, whichever is less. Candidates must request a recount no later than 12:00 p.m. on the second business day after the canvass.
  • Pennsylvania
    • Automatic recount: Margin equal to or less than 0.5%.
    • Recount requests: Candidates may appeal a county board's count to the courts, and courts may call for a recount. Candidates must file an appeal no later than two days after a county board releases computed results or the results of a voter-requested recount.
    • Additionally, three voters in any election district may request a recount with a county board or through the court of common pleas. Voters must request a recount from a county board no later than five days after the election. Voters must request recounts through a court of common pleas no later than five days after the completion of computational canvassing. If an error or fraud is found, five additional days are provided to make additional requests elsewhere.
  • Wisconsin
    • Automatic recount: No automatic recounts.
    • Recount requests: Candidates can request recounts if the margin is equal to or less than 1%. Candidates must request a recount by 5:00 p.m. on the first business day after the state canvass.

Noteworthy disputes

Here's the latest on noteworthy recounts, lawsuits, and other election disputes

Lawsuits

  • Pennsylvania: On Nov. 3, Republican candidates filed two separate lawsuits challenging the validity of some mail-in ballots. 

Hamm v. Boockvar: Joe Hamm and Mike Kelly, Republican candidates for Pennsylvania House of Representatives District 84 and Pennsylvania's 16th Congressional District, respectively, sued Secretary of the Commonwealth Kathy Boockvar (D) in the Pennsylvania Commonwealth Court. Hamm and Kelly allege Boockvar's guidance directing county election officials to allow voters an opportunity to correct defects on their mail-in ballots violates state law. Plaintiffs asked the court for an order prohibiting election officials "from permitting invalidly submitted absentee and mail-in ballots to be 'cured' by the submission of provisions [sic] ballots." A hearing on the matter is scheduled for Nov. 4.

Barnette v. Lawrence: Kathy Barnette, a Republican candidate for Pennsylvania's 4th Congressional District, filed suit against various members of the Montgomery County Board of Elections in the U.S. District Court for the Eastern District of Pennsylvania. Barnette alleges the Montgomery County Board of Elections is "implementing their own arbitrary standards by illegally pre-canvassing mail-in ballots received before Nov. 3 and, in certain instances, providing the electors submitting such illegally pre-canvassed ballots that are found to be deficient an opportunity to re-vote on or before Nov. 3." Barnette asked the court to:

  • Bar election officials from pre-canvassing votes before 7 a.m. on Nov. 3.
  • Bar election officials from "contacting any elector whose mail-in ballot or absentee ballot contains perceived and actual defects and allowing the voter to change their ballot."
  • Set aside and invalidate ballots changed by voters.
  • Nevada: On Nov. 3, the Nevada Supreme Court declined to block a lower court's order allowing the Clark County registrar to use artificial intelligence to verify mail-in ballot signatures and make copies of ballots whose originals could not be machine-processed. The Trump campaign and the Republican Party of Nevada had asked the state supreme court to halt these processing procedures. The supreme court unanimously rejected Republicans' request, saying they had not demonstrated "a sufficient likelihood of success to merit a stay or injunction." The court agreed to hear the case at a later date.

Upcoming absentee/mail-in voting deadlines

Nineteen states and the District of Columbia have secondary receipt deadlines for absentee/mail-in ballots. In these states, ballots must generally have been postmarked on or before Election Day, but they will be accepted if received within a certain number of days after Nov. 3. These secondary receipt deadlines are listed below in chronological order. 

  • Nov. 4:
    • Texas
  • Nov. 6:
    • Kansas
    • Kentucky
    • Massachusetts
    • Pennsylvania
    • Virginia
  • Nov. 9:
    • Iowa
    • West Virginia
  • Nov. 10:
    • Minnesota
    • Mississippi
    • Nevada
    • New Jersey
    • New York
  • Nov. 12:
    • North Carolina
  • Nov. 13:
    • Alaska
    • District of Columbia
    • Maryland
    • Ohio
  • Nov. 17:
    • Illinois
  • Nov. 20:
    • California

For coverage of all dates, deadlines, and requirements, click here.

And a dose of calm

Calm 

P.S. Happy National Stress Awareness Day