PolicyBrief
H.R. 2694
119th CongressApr 7th 2025
Election Results Accountability Act
IN COMMITTEE

The "Election Results Accountability Act" sets deadlines for states to count ballots and certify federal election results, with exceptions for emergencies and penalties for non-compliance.

Jay Obernolte
R

Jay Obernolte

Representative

CA-23

LEGISLATION

New Bill Mandates Faster Federal Election Counts: States Face 72-Hour and 2-Week Deadlines

This proposed legislation, the "Election Results Accountability Act," amends the Help America Vote Act of 2002 to set firm deadlines for states handling federal election results. The core requirement is twofold: states must count at least 90% of ballots within 72 hours after polls close, and they must complete the full count and officially certify the results within two weeks, making those final results public.

Putting a Clock on the Count

The main thrust here is speeding up the process we all watch unfold after Election Day. Instead of varying timelines across states, this bill aims for a more uniform and prompt reporting standard for presidential and congressional races. Think of it like waiting for critical results – the goal is to shorten that uncertainty period by requiring states to hit specific benchmarks. The 72-hour mark for getting 90% counted is intended to provide a substantial picture quickly, while the two-week deadline for certification aims to finalize things without excessive delay.

The Fine Print: Exceptions and Enforcement

Life happens, and the bill acknowledges this by including exceptions. States could get extensions if facing major disasters (like hurricanes or wildfires), public health emergencies, significant cyberattacks, or even undefined "technical difficulties." Extensions might also apply if a state is implementing brand new election procedures or conducting a recount. However, there's a catch regarding enforcement: the Election Assistance Commission (EAC) and the Attorney General get the authority to withhold federal election administration funds from states that miss these deadlines without a valid exception. A state can avoid this penalty if it submits a compliance plan deemed sufficient by the EAC and AG. This introduces a significant federal oversight component, giving these bodies leverage over state election funding based on adherence to the timelines.

What This Means on the Ground

So, how does this play out for regular folks and the election system? On the plus side, faster, more predictable results could increase public confidence and transparency. Knowing the vast majority of votes are counted within three days and certified within two weeks might reduce the drawn-out uncertainty and speculation that can follow close elections.

However, there are potential downsides flagged in the bill's structure. The pressure to meet deadlines, especially the 72-hour one, could lead states to rush the counting process, potentially increasing the risk of errors. States with fewer resources, larger populations, or more complex mail-in ballot systems might genuinely struggle to meet these timelines, raising concerns about whether all valid votes will be counted accurately, which could impact voters in those areas. Furthermore, the exception for "technical difficulties" is quite vague (a Medium Vagueness concern) and could potentially be used too broadly, undermining the deadlines' intent. The power given to the EAC and AG to withhold funds also raises questions (a Medium Power Concentration concern) about federal influence potentially overriding state-level decisions on election administration, especially if the criteria for approving compliance plans aren't crystal clear.