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Ballotpedia's 2020 Election Helpdesk
November 6, 2020
Welcome to Ballotpedia's Election Help Desk Newsletter. We're following results for 9,756 elections held on Nov. 3. Today, we cover:
- Progress made toward calling elections
- The latest on the presidential race
- Noteworthy lawsuits
- Upcoming absentee/mail-in ballot receipt deadlines and certification/canvassing deadlines
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Days Since the Election: 3
Election Results Progress
Click here to read how Ballotpedia calls races. Click here for Ballotpedia's coverage scope.
Ballotpedia is tracking results in 9,769 elections, including each state in the presidential election. Here's the status of these elections as of 5 p.m. on Nov. 6, subject to change as more results come in:
- 81.6% (7,975) are called
- 18.4% (1,794) are uncalled
Presidential Election Update
As of 5 p.m. on Nov. 6:
- 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.
Recounts
Georgia: On Nov. 6, Secretary of State Brad Raffensperger (R) said a statewide recount was likely due to the narrow margin of votes separating President Donald Trump (R) from former Vice President Joe Biden (D). Raffensperger said, "This process is and will remain open and transparent to monitors."
About recounts in Georgia: Georgia state law does not provide for automatic recounts. A candidate can request a recount if the margin separating the top two finishers is less than or equal to 0.5 percent. An election official can also order a recount it appears there is a discrepancy or error in the returns. State law does not specify deadlines for recounts.
Lawsuits
We are tracking 18 post-election lawsuits, 11 of which deal directly with the presidential election. For complete details on all of the lawsuits we're tracking, click here.
Nevada: On Nov. 5, two Nevada voters and the campaigns of Daniel Rodimer and Jim Marchant, Republican candidates for Nevada's 3rd and 4th Congressional Districts, respectively, sued Secretary of State Barbara Cegavske (R) and Clark County Registrar Joseph Gloria in the U.S. District Court for the District of Nevada. The plaintiffs allege that "irregularities have plagued the election in Clark County, including lax procedures for authenticating mail ballots and over 3,000 instances of ineligible individuals casting ballots." Specifically, the plaintiffs claim Clark County election officials are improperly using Agilis software to verify mail-in ballot signatures. They have asked the court to bar the use of Agilis software and order officials to verify ballots by hand.
Pennsylvania:
- On Nov. 6, the Republican Party of Pennsylvania petitioned the U.S. Supreme Court for an order that would require Secretary of the Commonwealth Kathy Boockvar (D) and county election officials to segregate all mail-in ballots received after Election Day and before 5 p.m. on Nov. 6.
- Boockvar issued guidance to this effect on Oct. 28. However, Republicans argue that "an order from the Court is badly needed" due to "some county boards' refusal to confirm that they are segregating ballots and the secretary's changing guidance."
- Background: On Sept. 17, the Pennsylvania Supreme Court issued an order extending the receipt deadline for mail-in ballots to Nov. 6, overriding the statutory receipt deadline of Nov. 3. This prompted a series of legal challenges. Most recently, on Oct. 28, the U.S. Supreme Court declined to expedite consideration of a challenge to the state supreme court's order.
- The U.S. Supreme Court ruling was unanimous. However, Associate Justices Samuel Alito, Clarence Thomas, and Neil Gorsuch said: "It would be highly desirable to issue a ruling on the constitutionality of the State Supreme Court’s decision before the election. That question has national importance, and there is a strong likelihood that the State Supreme Court decision violates the Federal Constitution." Alito added, "But I reluctantly conclude that there is simply not enough time at this late date to decide the question before the election." Although the court declined to intervene before the election, it did not rule on the merits, leaving the possibility open for future action. Justice Amy Coney Barrett did not take part in the case.
- On Nov. 5, the Trump campaign sued the Philadelphia County Board of Elections in the U.S. District Court for the Eastern District of Pennsylvania. The campaign alleged the board of elections was "intentionally refusing to allow any representatives and poll watchers for President Trump and the Republican Party" to observe the mail-in ballot counting process. The parties to the suit agreed to allow 60 observers each from the Democratic and Republican parties. After the agreement, Judge Paul Diamond dismissed the lawsuit as moot.
- On Nov. 5, Judge Mary Hannah Leavitt ordered election officials to "segregate ballots for which identification is received and verified on Nov. 10, 11, and 12, 2020, from ballots for which identification is received and verified on or before Nov. 9, 2020."
- Background: On Nov. 4, the Trump campaign and the Republican National Committee sued Boockvar and the state's 67 county election boards. The plaintiffs allege processes allowing mail-in voters to provide missing proof of identification after submitting their ballots violated state law.
- On Nov. 1, Boockvar directed county election officials to give mail-in voters until Nov. 12 to provide missing proof of identification. State law specifies that voters must submit missing proof of identification by the sixth day following the election, which would be Nov. 9. The plaintiffs asked the Commonwealth Court of Pennsylvania to reinstate this statutory deadline.
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:
- Nov. 10:
- Minnesota
- Mississippi
- Nevada
- New Jersey
- New York
- Nov. 12:
- Nov. 13:
- Alaska
- District of Columbia
- Maryland
- Ohio
- Nov. 17:
- Nov. 20:
For coverage of all dates, deadlines, and requirements, click here.
And a Dose of Calm
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