Simone Lawson
The safe harbor deadline is a milestone in the US presidential election process, occurring six days before the states' electors meet to vote in their state capitals. It is not enshrined in the Constitution but is set by a law passed in 1887, the Electoral Count Act. The deadline is meant to prevent a scenario in which two different election results are submitted from the same state. Once the deadline passes, Congress is required to accept the post-election certification of a state's electoral votes, and any further legal challenges are usually moot.
| Characteristics | Values |
|---|---|
| Date of occurrence | 8th December 2020 |
| Occurrence frequency | Every election year |
| Purpose | To prevent a scenario in which two different election results are submitted from the same state |
| Applicability | Not applicable to states with disputed election results |
| Deadline for states to certify election results | Not mandatory, but assures that a state's results will not be second-guessed by Congress |
| Deadline for Congress to count electoral votes | Six days before the meeting of the Electoral College |
| Meeting date of the Electoral College | 14th December 2020 |
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What You'll Learn
The safe harbor deadline is not in the US Constitution
The "safe harbor" deadline is not in the US Constitution. It is a deadline set by US federal law, specifically the Electoral Count Act (ECA) of 1887, for states to certify the results of the presidential election. The safe harbor deadline falls six days before the meeting of the Electoral College, where "electors" formally select the presidential nominee who won the popular vote in their home states.
The safe harbor framework was created to prevent a scenario in which two different election results are submitted from the same state. It is meant to ensure that a state's election results will not be questioned by Congress if they are certified by the safe harbor deadline. While the deadline is not mandatory, it provides assurance that the state's results will be accepted.
The only deadline specifically mentioned in the US Constitution is the inauguration of the President, which must take place on January 20 at noon. This is in contrast to the various historical dates for the appointment and voting of electors and the tabulation of the Electoral Vote, which have changed over time. For example, from 1792 to 1844, electors had to be appointed within 34 days before the first Wednesday in December, and they voted on that day.
The safe harbor deadline has gained attention in recent years due to legal challenges to election results, such as those issued by former President Trump in 2020. Despite the importance of the safe harbor deadline in the election process, it is not a constitutional requirement and is instead a product of federal law.
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The deadline is set by the 1887 Electoral Count Act
The "safe harbor" deadline is a date set in law by the 1887 Electoral Count Act (ECA) that declares that Congress must count the electoral votes of states that have chosen their electors. It is a deadline for states to certify the results of the presidential election. Meeting the deadline is not mandatory, but it provides assurance that a state's results will not be second-guessed by Congress.
The safe harbor date falls six days before the meeting of the Electoral College, in which slates of "electors" formally select the presidential nominee who won the popular vote in their home states. The Electoral College vote occurs on a set date, December 14, and so the safe harbor date is December 8.
The safe harbor framework was meant to prevent a scenario in which two different election results are submitted from the same state. Generally, a state's governor certifies a slate of electors for the candidate that won the popular vote. In states with Democratic governors and Republican-controlled legislatures, the legislature could send its own slate of electors, creating "dueling slates of electors." Under the ECA, Congress would be bound to recognize electors certified by the governor if that happens before the safe harbor date.
The only deadline the Constitution requires is for the election to be decided on or by January 20, known as Inauguration Day.
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It falls six days before the states' electors meet
The "safe harbor" deadline is a date set in law by the 1887 Electoral Count Act. It falls six days before the states' electors meet to vote in their state capitals. This deadline isn't a particular date, but rather a marker that falls before the meeting of the Electoral College, where slates of "electors" formally select the presidential nominee who won the popular vote in their home states.
In 2020, the safe harbor date fell on December 8, six days before the Electoral College meeting on December 14. This meant that any legal challenges by the Trump campaign contesting the election results would be moot in all but one state, Wisconsin, as most states had already certified their electoral votes.
The safe harbor framework was designed to prevent a scenario in which two different election results are submitted from the same state. It provides assurance that a state's results will not be second-guessed by Congress. While the deadline is not mandatory, it does make legal challenges much more difficult after it passes, as judges are likely to say it is too late to overturn the results.
The only deadline set by the Constitution is for the election to be decided by Inauguration Day, which occurs on January 20 at noon.
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Congress must count the electoral votes of states with chosen electors
The United States Constitution outlines a specific procedure for electing the President and Vice President, involving a body known as the Electoral College. The Electoral College comprises a number of electors from each state, equal to the number of members of the House of Representatives plus two senators. These electors are appointed by each state following the national presidential election, which takes place on the Tuesday after the first Monday in November.
The appointment of electors is governed by Article II, Section 1, Clause 2 of the Constitution, which empowers state legislatures to determine how electors are chosen, while prohibiting federal officeholders from becoming electors. The Twelfth Amendment mandates that Congress assemble in a joint session to count the electoral votes and declare the election winners.
The process of selecting electors typically involves a "winner-take-all" approach, where the candidate who wins the popular vote in a state receives all of its electoral votes. However, some states, like Maine and Nebraska, allocate their electoral votes by congressional district. The District of Columbia, while not a state, is also allocated electors and treated similarly for Electoral College purposes.
The role of electors is crucial in the election process. They are generally chosen based on their perceived loyalty to a particular party and its candidate. While electors usually vote for the candidate to whom they are pledged, there have been instances of "faithless electors" who have voted differently or abstained. To address this, many states have enacted laws to prevent electors from deviating from the popular vote outcome in their state.
The safe harbor deadline, established by the Electoral Count Act (ECA), is a significant component of the electoral process. It is designed to prevent conflicting election results from the same state. States are not mandated to meet this deadline, but doing so ensures their results are protected from being questioned by Congress. The safe harbor date is set six days before the Electoral College meeting, where electors formally select the presidential nominee who won the popular vote in their respective states.
In summary, the electoral process in the United States involves the appointment of electors by each state, the casting of electoral votes, and the counting of these votes by Congress. The safe harbor deadline plays a crucial role in maintaining the integrity of the election results and preventing legal challenges.
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Safe harbor prevents two different election results from the same state
The "safe harbor" deadline is a provision of U.S. election law that serves as an incentive for states to resolve any disputes over election results before the meeting of the Electoral College. The deadline falls six days before this meeting, where slates of "electors" formally select the presidential nominee who won the popular vote in their home states.
The safe harbor framework was established in the Electoral Count Act (ECA), passed in response to the disputed results of the 1876 presidential election. The ECA aimed to prevent a scenario in which two different election results are submitted from the same state. This situation could arise in states with Democratic governors and Republican-controlled legislatures, where both the governor and the legislature could send their own slate of electors, creating "dueling slates of electors."
Under the safe harbor framework, if a state certifies its election results before the safe harbor date, Congress is bound to recognize the electors certified by the state's governor, even if the state's legislature submits a separate slate of electors. Meeting the safe harbor deadline is not mandatory, but it provides assurance that a state's results will not be questioned by Congress.
In the 2020 presidential election, "safe harbor" day fell on December 8. This deadline made it more difficult for then-President Donald Trump to contest the victory of President-elect Joe Biden through legal challenges. While Trump's campaign downplayed the deadline, asserting that they would continue legal challenges, the "safe harbor" date served as a significant milestone in the process of affirming Biden's electoral win.
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Frequently asked questions
The safe harbor deadline is a deadline under U.S. election law that will make it more difficult for a losing candidate to overturn the election results.
No, the safe harbor deadline is not in the Constitution. The only deadline the Constitution requires is for the election to be decided on or by January 20th, Inauguration Day.
The safe harbor deadline is set by federal law, specifically the Electoral Count Act (ECA) of 1887.
The safe harbor deadline is meant to prevent a scenario in which two different election results are submitted from the same state. It also provides assurance that a state's election results will not be second-guessed by Congress.
The 2020 safe harbor deadline was December 8, six days before the meeting of the Electoral College on December 14.
