Election Results Accountability Act
- Sponsor
- Rep. Obernolte, Jay [R-CA-23]
- Committees
- Committee on House Administration (primary)
- Last action
- Apr 7, 2025
Bottom line
The bill imposes federal deadlines on state election administration for counting and certifying federal election results, with financial penalties for non-compliance, aiming to accelerate election outcomes.
What it actually does
This bill, the "Election Results Accountability Act," amends the Help America Vote Act of 2002 to mandate strict deadlines for states to count ballots and certify election results for federal offices. States would be required to publicly release results for at least 90% of ballots within 72 hours of polls closing and to fully count and officially certify all results within two weeks. Non-compliant states could face the withholding of federal election administration funds, subject to exceptions for emergencies, technical difficulties, new procedures, or recounts.
Proponents argue
Proponents argue that establishing clear, expedited deadlines for election results is crucial for maintaining public confidence in the integrity and efficiency of the electoral process. They contend that prolonged counting periods can foster distrust and allow for the spread of misinformation, and that timely results are essential for a stable democracy. They believe the exceptions provide necessary flexibility while ensuring accountability.
Opponents contend
Opponents might argue that these deadlines are overly prescriptive and could place undue burden on state and local election officials, particularly in large states or those with complex election systems, potentially leading to rushed counts and increased errors. They may also contend that federalizing such specific administrative timelines infringes on states' traditional authority over election management and that withholding funds could harm election administration capacity.
The bill is short and relatively straightforward, allowing for a quick read and understanding of its core provisions within a typical legislative review period.
Section 2(a), inserting new Section 305(a)(1) into HAVA.
72-Hour Public Disclosure of 90% of Ballots
This provision requires states to count at least 90% of all ballots cast in federal elections and make those results publicly available within 72 hours (three days) after the polls close. This aims to provide a rapid initial picture of election outcomes.
Supporters argue
Supporters argue this deadline will significantly reduce the period of uncertainty following elections, enhancing transparency and public trust by providing timely, substantial results. They believe it counters narratives of delayed or suspicious counts.
Critics contend
Critics may contend that this deadline is unrealistic for states with high mail-in ballot volumes or complex tabulation procedures, potentially forcing states to prioritize speed over accuracy or to make preliminary results public before a thorough count is possible.
Tradeoffs
Balances the public's desire for rapid results against the administrative challenges and potential for errors in accelerating complex counting processes.
Section 2(a), inserting new Section 305(a)(2) into HAVA.
2-Week Official Certification of All Results
This provision mandates that states must complete the counting of all ballots and officially certify the final results of federal elections within two weeks (14 days) after the polls close. The certified results must also be made publicly available.
Section 2(a), inserting new Section 305(b) into HAVA.
Certified Exceptions for Non-Compliance
This provision outlines specific circumstances under which a state will not be considered non-compliant with the deadlines, provided the Election Assistance Commission (EAC) and the Attorney General certify the reason. These include bona fide emergencies (disasters, public health crises, cyberattacks), technical difficulties (equipment malfunction, tabulation errors), the first election after implementing new procedures, or conducting a recount.
Section 2(a), inserting new Section 305(c) into HAVA.
Financial Penalty for Persistent Non-Compliance
If a state fails to meet the deadlines and does not qualify for an exception (as certified by the EAC and Attorney General), it will be ineligible to receive future federal funds from the EAC for election administration. Funds can be restored if the state submits a compliance plan and both federal agencies certify its actions to comply with that plan.