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Who can call a redo election? (2020)
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A redo election, also known as a revote or special election remedy, is the process of voiding election results and holding a new election.[1] The specific reasons for calling a redo election vary, but might include deliberate efforts to obscure the results such as electoral fraud or mistakes like a broken voting machine.
Most commonly, a court is responsible for calling a redo election because election contests are handled in court. The level of the court handling the election dispute varies by state and even by the type of election. Election dispute cases may originate in either a trial court of general jurisdiction or a state supreme court, and the rules for the number of judges presiding over the case varies as well.
According to the U.S. Election Assistance Commission, courts arbitrate election disputes in 47 states. In three other states, the matter is either handled by other elected officials or government agencies, or the group with standing over the dispute is not detailed in state law. In those instances, it is theoretically possible that said official or agency would be responsible for calling a redo election, although no instances of this have been documented.[2]
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
- Disputing election results
- Challenging absentee/mail-in ballots, 2020
- Can candidates challenge the results of the 2020 elections?
- How will election recounts work in the 2020 elections?
Additional reading
- Congressional Research Service, "Legal Processes for Contesting the Results of a Presidential Election," Oct. 24, 2016
- Matt Vasilogambros, "When Elections Get a Do-Over," Dec. 26, 2018
- Steven Huefner, "Remedying Election Wrongs," accessed Oct. 12, 2020
- Steven Mulroy, "Right Without Remedy? The 'Butterfly Ballot' Case and Court-Ordered Federal Election 'Revotes,'" accessed Oct. 12, 2020
- U.S. Election Assistance Commission, "Recounts and Contests Study," accessed Oct. 12, 2020
Footnotes
