“During the outbreak, an election timetable change both parties can support”

Kevin Johnson:

The first important date marks the end of “safe harbor,” the period established by federal law during which states are ensured their reported results will not be challenged in Congress. This year that deadline is set as Dec. 8. Six days later, Dec. 14, is when all 538 electors meet in their state capitals to vote. Those votes are not officially tallied by Congress for another three weeks, on Jan. 6, and the inauguration follows Jan. 20

That means 77 days pass between election and inaugural, but states have only 35 of them to process all the ballots and resolve all disputes and recounts — or 41 days if they choose to forgo their safe harbor protections.

What happened in Florida in 2000 made clear that this is too little time in a contested election. That contested presidential result is often thought of as a story about the Supreme Court, but a key factor in the court’s decision was limited time. On Dec. 12 that year, the justices ordered an end to recounting in Florida and effectively awarded the election to George W. Bush, the majority concluding a recount that treated all ballots equally could not be completed before the electors met, just six days later.

Had there been more time, that argument would not have held sway, the recount could have continued — and the country would have had far more confidence about who won.

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