Save Election Day
Remember when Election Day used to be just that, a day? Now, it drags on for weeks. In 2022, it took 35 days for all the votes in federal elections to be counted.
The delay in election results is driven by mass vote-by-mail. 18 states now accept mail ballots that arrive after Election Day. Some accept ballots up to 14 days after Election Day.
All of the states shaded in blue accept mail ballots after Election Day. Select a state from the dropdown to learn how many days they accept mail ballots after Election Day.
Click on the pin to learn how long these states accept ballots that arrive after Election Day.
Alaska
California
Illinois
Kansas
Maryland
Massachusetts
Mississippi
Nevada
New Jersey
New York
North Carolina
North Dakota
Ohio
Oregon
Texas
Utah
Virginia
West Virginia
Why Election Day Still Means Something in Florida
Who can forget the first time the federal elections drug on for weeks? All eyes were on Florida as the election officials debated hanging chads and the winner of the presidency hung in the balance. Would the next President be Gore? Would it be Bush? The whole country sat on the edge of their seats.
After five weeks, the Supreme Court got involved and ended the recounting of votes. Florida’s 2000s election was the worst in the country’s history.
Fast forward to 2023. Florida election officials got their act together and cleaned up their election system to make it one of the few states that was able to get their election results in early on Election night. In 2022, Florida’s U.S. House, Senate, and Gubernatorial races were all called within two hours of the polls closing.
Florida Secretary of State, Cord Byrd, let PILF investigators into his office to see how Florida gets all their votes counted securely by election night.
WHY ELECTION DAY STILL MEANS SOMETHING IN FLORIDA
Worst to First details how Florida is able to know its election results on election night.
To put the “Day” back in Election Day states must implement these commonsense reforms:
- Pre-election audit of equipment to avoid election day mishaps
- Absentee ballots must arrive by Election Day
- Absentee ballot verification through unique identifying numbers like driver’s license or Social Security numbers
- Early canvassing of absentee ballots with observers and criminal penalties for releasing pre-canvass count information
- Electronic poll books
- Paper ballots counted electronically
- Ban ranked choice voting
Litigating to Restore the Day in Election Day
Our team of the country’s top election lawyers are fighting to save Election Day. Federal law requires a single national Election Day to be held on the second Tuesday in November.
Every mention of Election Day in federal law is singular not plural.
18 states and the District of Columbia accept ballots that arrive after Election Day. These policies expanding Election Day to Election Month lead to delayed results and distrust.
PILF has taken the fight to save Election Day to the courts. We have filed federal lawsuit in North Dakota to have the state’s law that expands Election Day by 13 days to be declared a violation of federal law.
Mark Sponskowski v. Erika White
North Dakota law conflicts with federal law by allowing the acceptance and tabulation of ballots that arrive up to 13 days after Election Day. PILF is representing Mark Splonskowski, a county auditor, who is seeking clarity about his obligations so he is not forced to choose between violating state or federal law in his official duties.
Media Highlights
Radio, Podcasts, and TV Interviews
Articles and Editorials
Ken Blackwell: Fighting to restore the day in Election Day
The lawsuit is about restoring confidence across the nation in our wonderful and enviable election system. Mr. Splonskowski deserves credit for his willingness to lead the way toward that better time when we knew who won the election on Election Day.
J. Christian Adams: Why Has Election Day Turned Into Election Month?
Accepting ballots that arrive after Election Day is the primary reason for the delay in election results. When a state allows ballots to roll in for weeks, results will be delayed for weeks.
North Dakota election official challenges mail ballot counting law
“Despite federal law assigning one day as Election Day, North Dakota law allows ballots to arrive and be counted up to 13 days after Election Day,” the complaint filed by PILF states.
J. Christian Adams: Election Day still means something in Florida
So what does Florida do to make it work? The most important reason PILF identified is because the state requires all mail ballots to arrive by Election Day. In total, 18 states and Washington D.C. accept mail ballots that arrive after Election Day.
How Florida put the 'day' back in Election Day
The state went from the "hanging chads" debacle of 2000 to reporting election results within two hours of polls closing in 2022. A new report from the Public Interest Legal Foundation explains how Florida went from "worst to first."
J. Christian Adams: Remember When Election Day Was an Actual Day?
The chaos and waiting for election results is leading to distrust in our elections process. We need to save Election Day.
State’s expanded voting rules test federal Election Day law
Activists are challenging the expansion of Election Day into a full election season with a lawsuit aimed at trying to stuff the genie back in the bottle.