Happy Election Day!
Like many of you, we’re closely monitoring the elections taking place across the country, with a specific focus on the counting and certification processes in Virginia and Pennsylvania. (For more on races and trends we’re watching in PA, check out our last Substack post.)
Below, we’ve detailed key process steps to expect today and over the next few days related to counting and certification.
If you are looking for more complete information about the people and processes involved in counting and certification, please refer to our Virginia and Pennsylvania reports.
We’ll also be monitoring elections across the country for any irregularities and will report back on anything significant.
Until then, we’re available for questions, just hit “reply”.
- The Informing Democracy Team
What to Expect in Virginia
Here’s what we’re tracking in Virginia over the next few days and what’s on the horizon in the weeks ahead:
Already Underway
Early Vote has concluded.
Initial preprocessing meetings, for vote-by-mail ballots received by these dates, were held on Tuesday, October 31, Friday, November 3 or Saturday, November 4 and in some jurisdictions on Monday, November 6.
Happening Today
7:00 a.m. — 7:00 p.m.: Polls are open
At each precinct:
After polls close, Officers of Election lock the machines and “determine and announce the results” as shown on the counters of the optical ballot scanners. Va. Code Ann. § 24.2-654.
Any ballots that cannot be read by the optical ballot scanners are hand-counted by the Officers of Election according to requirements in Va. Code. Ann.§§ 24.2-661 – 666.
Once the initial count is complete, the Chief Officer of Elections will report these totals to the Electoral Board. Unofficial results will then be published on the Department of Elections’ website.
Tallies from early vote and most vote-by-mail ballots will also be released after polls close.
Happening This Week
Wednesday, November 8 by 12:00 p.m.: The Electoral Boards will meet to begin hearing voters present evidence about the validity of their provisional ballots. These meetings are then typically adjourned and recontinued later in the week or on Monday.
Wednesday, November 8 by 5:00 p.m.: The Electoral Boards must meet to begin the canvass. They can adjourn this meeting as needed, but not beyond Tuesday, November 14th.
Monday, November 13 at 12:00 p.m.: The deadline to cure provisional ballots. Therefore, the final adjudication of provisional ballots usually takes place later that same day.
Down the Line
Wednesday, November 15: The State Board of Elections meets to select the races that will be audited using a risk-limiting audit.
Friday, November 17: The first day that risk-limiting audits may begin. The State Board of Elections will announce the exact timing at its meeting on November 15, but the process could conceivably run from November 17 – November 29.
Wednesday, November 22: This is the deadline for a losing candidate to petition for a recount. Recounts in candidate races are available when the margin between the first and second candidate is one percent or less. Va. Code Ann. § 24.2-800(B). They are not automatic. Va. Code Ann. § 24.2-800(B).
Monday, December 4 (or earlier): The State Board of Elections must meet by the first Monday in December to review the results of the local canvass and prepare a statement of results to certify races for the General Assembly. Va. Code Ann. § 24.2-679(A). They then determine, based on that statement, who has the most votes in the district and certify that candidate as the winner and forward copies of the certificate to the Clerk of the House of Delegates or Senate as appropriate. Va. Code Ann. § 24.2-679(A); Va. Code Ann. § 24.2-680.
Thursday, December 7: Any contests of a General Assembly race must be filed by this deadline, or three days after the conclusion of a recount in that race, whichever is later. Va. Code § Ann. 24.2-803(B).
What to Expect in Pennsylvania
Already Underway
In-person absentee voting has concluded.
Happening Today
7:00 a.m. — 8:00 p.m.: Polls are open.
Starting once polls open: County boards of election begin pre-canvassing (i.e., verifying, opening, and scanning) mail ballots and once polls close they publish pre-canvass results of mail ballots and begin canvassing mail ballots received throughout the day and not included in the pre-canvass. 25 P.S. § 3146.8(g)(2).
At Each Precinct After Polls Close: District Election Boards (poll workers) lock voting equipment and certify and sign a close out report. 25 P.S. § 3066(a).
By 2:00 a.m. on Election Night: District Election Boards will either conduct in-house tabulation or transport the votes to a central location where the county board of election will conduct the tabulation. 25 P.S. § 3031.13(j).
By 3:00 a.m. on Election Night: County boards of election will make returns available to the public and submit unofficial returns from the precincts to the Secretary of the Commonwealth. 25 P.S. § 3152(a)(b).
Happening This Week
Friday, November 10 by 9:00 a.m.: County boards of elections must begin canvassing (i.e. reviewing the votes cast, resolving any discrepancies, conducting a recanvass if necessary, counting provisional ballots, etc.) returns received from the district elections boards. 25 P.S. § 3154(a).
Down the Line
Tuesday, November 14: County boards of elections complete their canvasses and transmit results to the Secretary of the Commonwealth, who then tabulates, computes, and canvasses results statewide. 25 P.S. §§ 3154(f), 3159.
Tuesday, November 21: County boards of elections must certify county office results no later than this date if no recount or recanvasss. 25 P.S. § 3154(f).
Wednesday, November 15: Last day a defeated candidate may waive their right to an automatic recount (when the margin is .5% or less). 25 P.S. § 3154(h).
Wednesday, November 22: Automatic recount, unless waived, must begin no later than this date. 25 P.S. § 3154(g)(5)(ii).
Monday, November 27: County boards of election must certify results for all offices to the Secretary of the Commonwealth no later than this date. 25 P.S. § 2642(k).
Wednesday, November 29: Recount results can be transmitted to the Secretary of the Commonwealth no later than 12 p.m.. 25 P.S. § 3154(g)(6).
Later on in November or December
The Secretary of Commonwealth issues certified copies of the results to the Governor, who then issues commissions for judicial offices. 25 P.S. § 3160(b).