Protecting the Vote All the Way to January 6

Recent court decisions in Georgia have halted multiple far right attempts to interfere with the 2024 elections. Now Georgia’s voters can move forward knowing their vote is protected and will count from the close of Election Day through federal certification.
Election Day is really only the beginning of the process to tabulate votes, cure outstanding provisional votes, and finally, to certify. Certification is required at the local, state, and federal levels. Below is a summary of actions to be taken (with details captured here): 
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Confirming Election Results after Election Day
At the County Level
Tuesday, Nov 5, Election Day

• 7:00 pm Polls close and the elections director calls a Board of Elections meeting to begin the tabulating and canvassing process (consolidating data to ensure accuracy) of votes. 
• 8:00 pm Absentee ballots received before Election Day and early voting totals are tabulated and finalized.
• 11:59 pm Local election superintendents must report unofficial results to the Secretary of State and publicly post the total number of ballots cast both on Election Day and during early voting, including absentee ballots.

Friday, Nov 8

• Election offices can accept and count absentee ballots received by Nov 8, provided ballots are postmarked by Nov 5.
• The last day voters can “cure,” or fix, absentee ballots if the voter did not sign the elector’s oath or provide information on the ballot that does not match the voter’s registration record. Provisional ballots must be cured by 5pm. 

Tuesday, Nov 12

• 5:00 pm Election superintendents must certify election results. Certification refers to the official statement issued by the election official attesting to the accuracy of vote counting and election results. Final disposition of Provisional ballots is determined by the county Board of Registrations and Elections at the Certification meeting held November 12. In Forsyth County, this will take place during the regular monthly meeting at 9am, which is open to the public. 

Thursday, Nov 14

• Deadline to request a recount for the general election; election director can petition for a recount when there “appears” to be a discrepancy or error, “although not apparent on the face” of the votes counted (O.C.G.A. § 21-2-495(a)-(b)

Thu-Fri Nov. 14-15

• Local election superintendents conduct “risk-limiting audits" for 2 different races by inspecting (hand counting) a random sample of paper ballots from 2 contests randomly selected by the Secretary of State. Superintendents publicize the details of the audit within 48 hours of completing it.

At the State Level
December 11 

• Deadline for each state’s “executive” (Governor Kemp in Georgia) to issue a “certificate of ascertainment,” appointing their state’s electors for president.  If a state does not meet this deadline, a 3 federal judge panel will meet to rule on any disputes and declare the winner of the popular vote.  Any ruling can be appealed directly to the Supreme Court, all on an expedited basis and before December 16th.

December 17 

• Date the Electoral College voters meet in their respective capitals and cast their electoral votes. This is a hard deadline set by the Electoral Count Reform Act of 2022 (ECRA). ECRA only allows for one slate of electors, it does not allow for alternates.

December 25 

• States deliver certified Electoral College results to the vice president who asks a “secretary of state or equivalent officer” of that state to send the results to Congress.

At the Federal Level

Jan 3, 2025

• The first meeting of the new 119th Congress

Jan 6, 2025 at 1:00pm  

• A joint session of the newly-elected Congress is required to count the electoral votes and declare the winners of the presidential election. Only a 20% objection from BOTH chambers about a particular state can set in motion a review process.

Since 2020 Georgia has experienced head-spinning attempts by bad actors to create a chaotic post-election environment, and there is continued fear that these factors will somehow enable Trump’s return to office even if he loses the election. However, with careful administration of election law from the local to federal level, and the passing of the Electoral Count Reform Act of 2022, Georgians’ votes are more protected than they were in 2020. In this respect, we are much better off now than we were four years ago.