What happens if a presidential candidate declares victory in the 2024 election before results are final

Ballotpedia's 2024 Election Help Desk « 2022

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A candidate who declares victory before results are final could end up losing the election after all votes are counted. The election results that state and local election agencies present on election night are unofficial, partial results. After election night, results are finalized during what is 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. State laws set different deadlines for when each state must complete the certification of election results.

Presidential election dates and deadlines

See also: What are the steps and deadlines for electing the President of the United States? (2024)

The presidential election follows a standard timeline, determined by federal law and the U.S. Constitution. The timeline below lays out the steps for electing the president that fall after Election Day.

• November 5, 2024: Election Day
  • Voters across the country select a candidate for president and vice president. In doing so, voters determine which political party sends a slate of electors to the Electoral College to represent their state. Each state receives the same number of electors as the members of its congressional delegation.

• December 11, 2024: Deadline for state executives to submit presidential elector slates
  • Each state's governor, or another state executive if designated by state law, must submit the state's certificate of ascertainment of appointment of electors to the archivist of the United States.

• December 17, 2024: The Electoral College votes
  • The 538 members of the Electoral College cast their votes. Electors do not convene in one location but vote in their respective state capitals. Electors in each state must mail six sets of electoral votes—consisting of one certificate of ascertainment and one certificate of vote—one set to the vice president, two sets to the state's chief election officer, two sets to the archivist of the United States, and one set to the U.S. district court judge in the district where the vote took place.

• December 25, 2024: Deadline for receipt of electoral votes
  • The vice president and archivist must receive the electoral votes by the fourth Wednesday in December.

• January 6, 2025: Congress counts electoral votes
  • The newly elected Congress convenes in a joint session to count the electoral votes. The vice president opens the electoral votes and hands the certificates to the tellers, who read out the votes. The vice president calls for objections, which—if any—must be presented in writing and signed by one-fifth of both chambers, and then voted on by both chambers. Once the tellers list the votes, the results are delivered to the vice president, who announces the vote and declares the persons elected president and vice president.

• January 20, 2025: Inauguration Day
  • The president and vice president assume office, in accordance with the Twentieth Amendment.

Potential for delayed election results

Several factors have raised the possibility that media outlets will not be able to call the presidential election on election night in 2024.

• In some states, state law triggers a recount if a candidate leads by a small enough margin.

• In some states, elections officials are legally obligated to wait until Election Day to process and/or count absentee/mail-in votes. Moreover, some states accept absentee/mail-in ballots that are received after November 5.

See also

• What are the steps and deadlines for electing the President of the United States?
• Can presidential candidates win the election if they have already conceded?
• What happens if a presidential nominee becomes incapacitated before the election?
• What happens if the winning presidential candidate becomes incapacitated before taking office?
• Can a redo be held for a presidential election?
• Are results reported on election night coming from in-person or absentee/mail-in votes?
• How do major media outlets declare winners?
• How and when are election results finalized?