Everyone remembers the four days it took to officially call the 2020 presidential race for Joe Biden. While that election seemed to take an inordinate amount of time, it’s normal for it to take several days to process all of the ballots.

Vote counting takes time, especially when the race is as close as the 2024 election appears to be. This year’s election is projected to have fewer mail-in ballots, and thus may take less time to call than the 2020 race, but each state still has its own election administration procedures on how, and when, to process ballots. These are standard processes that, yes, can cause the election results to take more time. They also are part of the system of checks and verifications that keep our elections fair and free.

In every election, teams of people from both parties work together at every step of the voting, counting, and reporting process to ensure that results are verified before they are officially certified. At the ACLU, we’ve kept close watch on this process. Below, we outline three main things that impact when the election is called.

Two masked people hold signs that read "COUNT EVERY VOTE."

ONE: Mail-In and Absentee Ballots

2020’s infamous four-day wait for the presidential election to be called can, at least partially, be attributed to the large numbers of people who voted by mail during the pandemic. We know that processing mail-in ballots can be time consuming. Currently, some states allow election workers to begin this lengthy process before Election Day, while others still do not. In 2020, the majority of mail-in ballots came from Democratic-leaning voters. If this election follows this pattern, there may be a late-in-the-day surge of votes in certain states.

Some states, such as Nevada and California, allow mail-in ballots that are postmarked by Election Day and arrive a specified number of days after Election Day to still be counted. This means that unofficial election results in some states may come days after Election Day.

TWO: State-Based Procedures and Processing Times

Every state has its own rules and procedures for how to count the vote.

For example, not all states offer early voting, or only offer short periods of early voting, which can possibly lead to long lines and bottlenecks on Election Day that extend the time it takes to gather all the votes. Additionally, many states, such as Pennsylvania and Wisconsin, do not begin processing any ballots – including mail-in or absentee ballots – until Election Day. It is therefore possible, and in some cases likely, that results won’t be projected until after Election Day. In other states, like Georgia and Michigan, pre-processing of mail-in and absentee ballots is allowed before Election Day, so projected election results in those states may come sooner, including on Election Night or the following morning.

THREE: Verifying and Counting the Vote

Canvassing is the process of counting ballots, ensuring all ballots are accounted for, and that only valid ballots are counted.

Importantly, many states also have automatic recount procedures that trigger at certain points, such as if the race is within 0.5 percent, that can also extend the canvassing process. For swing states, like Pennsylvnia, or, more recently, Nevada, the margin of victory for either candidate may be small. In these scenarios, states may recount the vote, or presidential candidates may call for a recount, which means that the states that could determine the outcome of the election may not be called until November 6th or even later.

At the ACLU, we know that these checks and verifications are standard procedure to ensure that every vote is counted. We also know that select nationwide processes can help expand access and improve the right to vote, including same-day and online voter registration across states, required early-voting access in all states for a set period, and no-excuse vote-by-mail to allow voters across the country to request and cast an absentee/mail ballot with no excuse or reason necessary.

This election, we’ll be watching the results roll in and knowing that our work doesn’t stop when the polls close. Ensuring the future of democracy requires us to safeguard our right to vote today. Join us and demand that every vote be counted and every validated result be certified to protect our freedoms.

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Sunday, November 3, 2024 - 10:15am

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On Election Night, standard procedure and state-based policies mean elections officials may still be counting ballots after Election Day. This is normal.

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Anthony D. Romero, ACLU Executive Director

The results of the election are in: Donald Trump will be the 47th president of the United States.

Trump’s win comes after a campaign in which he consistently targeted immigrants, transgender youth, and other vulnerable communities with hateful rhetoric. He also threatened retribution against dissidents and political opponents.

I know that many of us fear what these results mean for our communities, our nation and ourselves. We know that a second Trump administration will be even more aggressive and effective than it was before — because Trump has repeatedly said so.

"Together, we are powerful enough to change the course of our nation’s history and defend our most fundamental rights and freedoms."

As outlined in Project 2025, under a second Trump administration, our federal government will deport immigrants in dragnet raids, target his political adversaries, spy on private citizens, promote discrimination against marginalized communities, and control what we can and can’t do with our bodies. This dystopian view of American life threatens our fundamental freedoms. We know from prior experience that our fear is real.

We also know that despair and resignation are not a strategy. At the ACLU, we’re choosing to channel our fear into action. Together, we are powerful enough to change the course of our nation’s history and defend our most fundamental rights and freedoms. That is why the ACLU has a concrete plan to fight back. When President-elect Trump comes for our communities, he’s gotta get through all of us.

During Trump’s first term, the ACLU filed 434 legal challenges against his administration, successfully blocking some of Trump’s most egregious policies, like the Muslim ban and separating immigrant families. When Trump once again set his sights on the White House, the ACLU’s legal and advocacy experts drafted a roadmap to combat his administration head-on. On day one, we are prepared to:

  • Defend against the Trump administration’s unlawful mass deportation plan through coordinated action at all levels of government. We’ll also work with states and localities to protect residents to the full extent possible and ensure that a Trump administration can’t hijack state resources to carry out its draconian policies.
  • Provide legal defense to whistleblowers and critics who dare to stand up to Trump’s policies. We’ll also protect freedom of speech and the right to protest against Trump’s agenda.
  • Use the courts to affirm that LGBTQ people are protected from discrimination under federal law. We’ll fight to invalidate Trump administration policies that permit discrimination across the federal government, and to shut down the administration’s efforts to require discrimination at the state and local levels.
  • Challenge the Trump administration’s dangerous attacks on reproductive freedom, including any attempts to weaponize the Comstock Act to ban abortion nationwide or to take medication abortion off the shelves. We’ll also protect access to birth control and family planning services.

As soon as the 119th Congress is sworn in, we will urge members to use their constitutional powers to provide oversight, investigate wrongdoing, and reject restrictive executive branch policies. At the state level, we’ll work with lawmakers to build a firewall for freedom and enact laws that protect people from government abuse. In our communities, we’re working to educate people on what is at risk, what happens next, and how we can fight for our freedoms together.

This is my sixth presidential election as executive director at the ACLU and there is not a doubt in my mind that our organization is the best equipped to meet this moment. We have more than a century of experience in combating political repression, we have some of the nation’s best legal and political advocates, we have our nationwide network of ACLU affiliates, and we have all of you.

The Trump administration’s anti-liberty and fundamentally anti-American policies will be met with the full firepower of the ACLU, the might of our allies, and the commitment of the American people. Above all else, that gives me hope. The next four years will be challenging, but we’re ready to put up the fight of the century. You can count on it.

Date

Thursday, November 7, 2024 - 1:00pm

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During the first Donald Trump administration, the ACLU fought his unlawful policies more than 400 times. We’re even more prepared now.

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The ACLU’s commitments transcend election cycles and party politics. We are a nonpartisan organization with over 100 years of consistent advocacy for freedom and justice nationwide and 56 years in Maine. We are clear-eyed about the dangers posed by a second Trump presidency and the challenges ahead.

This moment is difficult, but it was not unexpected.

Together with our counterparts in all 50 states, we are ready to continue the fight. Over the past nine months, we have been preparing. Just like in 2016, the ACLU of Maine will get to work immediately to resist repression and totalitarianism. We take the president-elect at his word, and we are prepared to counter what we already know we can expect from the incoming administration with specific legislative and legal plans.

As we acknowledge the challenges we face, it is also important to remain clear about what this election means. This was not a referendum on what we believe. Elections are fought and won based on all kinds of intangibles - on fear, bias, "fit,” "taste,” and lies, as much as on conviction, vision, dedication, skill, or integrity. The civil rights pioneers who came before us knew this, expected it, and anchored their advocacy and activism not to the political cycle, but to bedrock principles and commitments.

There were many bright spots across the country last night as well.

  • For the first time, we will have two Black women serving in the U.S. Senate and the first transgender U.S. Representative.
  • Voters in Arizona and Missouri passed ballot initiatives reversing restrictive laws and restoring the abortion rights once protected under Roe.
  • Voters in Maryland, Montana, Nevada, and Colorado expanded or codified their commitment to reproductive freedom.
  • Kentucky voters rejected a proposal that would have opened the door for public dollars to fund private schools that discriminate against students based on race, gender, disability, sexual orientation, religion, and gender identity.
  • New York voters protected abortion access and expanded their state's Equal Rights Amendment to prohibit discrimination based on a person's pregnancy status.

And in Maine, we experienced one of the highest voter turnouts in the country, something that wouldn’t have been possible without our dedicated poll workers, volunteers, and election officials. We’re incredibly grateful to their commitment to carrying out a safe, fair election.

In the coming weeks and months, we will move forward decisively here in Maine and across the country to vindicate the rights and freedoms of those most vulnerable, to give voice to the values of our multicultural democracy, and to preserve the commitment to justice for all.

Thank you.

Date

Wednesday, November 6, 2024 - 1:15pm

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