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Election Help Desk: 11/5/20 PM

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Friday's election changes
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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 afternoon, we cover: 

  • Progress made toward calling elections
  • The latest on the presidential race
  • Noteworthy lawsuits 
  • Upcoming absentee/mail-in ballot receipt deadlines

Starting Friday, Nov. 6, we will resume our regular once-per-weekday Help Desk schedule.

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Days since election day: 2

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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 9,762 elections, including each state in the presidential election. Here's the status of these elections as of 5 p.m. on Nov. 5, subject to change as more results come in:

  • 72.6% (7,076) are called 
  • 27.4% (2,686) are uncalled
Elections called

Presidential election update

As of 5 p.m. on Nov. 5:

  • 44 of 50 states + D.C. called in the presidential election
  • Uncalled states: Alaska, Arizona, Georgia, Nevada, North Carolina, and Pennsylvania
  • 213 electoral votes for Donald Trump (R)
  • 253 electoral votes for Joe Biden (D)
  • Lawsuits in four states regarding presidential election results

Noteworthy disputes

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

Lawsuits

We are tracking 14 post-election lawsuits, 10 of which deal directly with the presidential election. For complete details on all of the lawsuits we're tracking, click here

Litigation

Georgia: On Nov. 5, Chatham County Superior Court Judge James F. Bass, Jr., dismissed the Trump campaign's lawsuit over whether absentee/mail-in ballots received after 7 p.m. on Nov. 3 had been illegally accepted and mixed with ballots received before the statutory deadline. 

Bass said: "[The] Court finds that there is no evidence that the ballots referenced in the petition were received after 7:00 p.m. on Election Day, thereby making those ballots invalid. Additionally, there is no evidence that the Chatham County Board of Elections or the Chatham County Board of Registrars has failed to comply with the law." 

Background: On Nov. 4, the Trump campaign and the Georgia Republican Party filed suit in the Chatham County Superior Court, alleging the Chatham County Board of Elections had failed "to safely store absentee ballots" and might be illegally accepting "absentee ballots arriving after 7 p.m. on Election Day." The plaintiffs submitted an affidavit from registered poll watcher Sean Pumphrey, who said he saw 53 ballots received after 7 p.m. on Election Day mixed in with ballots received before that time. The plaintiffs asked the court to require Chatham County election officials to segregate ballots received after 7 p.m. on Election Day. They also asked that election officials "provide an accounting of all such absentee ballots, including the number of ballots received after 7 p.m. on Election Day, the name of the absentee voter, and the time and date that such absentee ballot was received" to the plaintiffs.

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Michigan: On Nov. 5, Michigan Court of Claims Judge Cynthia Stephens dismissed a lawsuit over whether an election challenger had been illegally prevented from participating in the absentee/mail-in ballot review process. Stephens, who was first appointed to the court by Gov. Jennifer Granholm (D), ordered the dismissal from the bench, saying that a written order would be ready on Nov. 6.

Background: On Nov. 4, the Trump campaign and Eric Ostergren, an election challenger from Roscommon County, filed suit in the Michigan Court of Claims, alleging that Ostergren was excluded from viewing the absentee/mail-in ballot review process. In Michigan, election challengers differ from poll watchers. Political parties and certain interested groups appoint election challengers. Election challengers can question a ballot’s validity during counting. State law establishes that at least one election challenger from each major party must be present during absentee/mail-in ballot counting. The plaintiffs alleged, “Benson’s actions and her failure to act have undermined the constitutional right of all Michigan voters … to participate in fair and lawful elections.”

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Pennsylvania: On Nov. 5, Pennsylvania Commonwealth Court Judge Christine Fizzano (R) Cannon ordered the Philadelphia Board of Elections to allow "all candidates, watchers, or candidate representatives ... [to be] permitted to observe all aspects of the canvassing process within 6 feet, while adhering to all Covid-19 protocols, including wearing masks and maintaining social distancing." Cannon overturned a Philadelphia County Court of Common Pleas ruling, which had upheld a rule requiring observations to take place with at least 6 feet separating the observer from the election worker. The Trump campaign filed the initial challenge to this policy on Nov. 3.

Democrats appealed the decision to the Pennsylvania Supreme Court. 

Upcoming absentee/mail-in voting deadlines

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

  • 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

Breathe