This bill establishes strict deadlines for states to count ballots and certify federal election results, with penalties for non-compliance unless specific emergency exceptions apply.
Jay Obernolte
Representative
CA-23
The Election Results Accountability Act establishes strict, new deadlines for states to count and officially certify the results of federal elections. States must release initial results within 72 hours and finalize certification within two weeks of poll closure. Penalties for missing these deadlines include the loss of federal election assistance funds, unless the delay is due to specific, agreed-upon emergencies or technical issues.
The newly introduced Election Results Accountability Act is all about putting the pedal to the metal on election results. This bill amends the Help America Vote Act of 2002 to impose strict, federal deadlines on states for counting and certifying results in federal elections.
Think of this as the ultimate delivery deadline for democracy. Under the new rules (Section 2), states must count and release initial results for at least 90% of all ballots cast within 72 hours of the polls closing. That’s a tight turnaround, especially for states with complex mail-in ballot systems or high turnout. Even more significantly, the state has to finish counting every single ballot and officially certify the final results within two weeks (14 days) after Election Day. For context, many states currently take four to six weeks to complete the final, official certification. These rules kick in for any federal election held 90 days after the bill becomes law.
The bill understands that sometimes, life—or a cyberattack—happens. A state won’t be penalized if they miss the deadlines due to specific, legitimate issues, but they need a sign-off from both the Election Assistance Commission (EAC) and the Attorney General. Acceptable excuses include major disasters (like a hurricane or pandemic), a major security threat such as a data breach, unforeseen equipment malfunctions, or if the state is conducting a formal recount. They also get a one-time pass when implementing brand-new election procedures for the very first time. Essentially, the exceptions are for the big, uncontrollable problems, not just poor planning.
Here’s where the rubber meets the road for state election officials: if a state fails to meet these deadlines without one of the approved exceptions, it loses access to federal election funds provided by the EAC. This is a big deal, as those funds often pay for things like new voting machines, cybersecurity upgrades, and accessibility improvements for voters with disabilities. To get the money back, the state must submit a detailed plan to the EAC and the Attorney General explaining exactly how they will fix their systems and meet the deadlines next time. Only after both agencies certify that the state has successfully followed that compliance plan does the funding stream turn back on.
While the goal of faster results is a clear win for public confidence, the mechanism for achieving it creates significant pressure. For voters, this means much faster clarity on election outcomes. For election administrators, especially those in smaller or under-resourced counties, the 72-hour deadline for 90% of votes is a logistical mountain. If a state is already struggling to process mail-in ballots or maintain aging equipment, the penalty for missing the deadline—losing federal money—could actually make it harder, not easier, to modernize and comply in the future. Furthermore, having both the EAC and the Attorney General hold the keys to the exception and funding-restoration process introduces a layer of potential political leverage and complexity that could slow down the recovery process for a penalized state.