PolicyBrief
H.R. 529
119th CongressJan 16th 2025
RACE Act
IN COMMITTEE

The RACE Act sets deadlines for states to count ballots by 10 p.m. on election day and certify election results within 48 hours after election day for Federal offices, unless there is a legitimate emergency or technical difficulty.

August Pfluger
R

August Pfluger

Representative

TX-11

LEGISLATION

RACE Act Sets Tight Deadlines for Counting Ballots: 10 PM Election Day Cutoff and 48-Hour Certification

The Restoring American Confidence in Elections Act (RACE Act) aims to speed up the process of counting votes and declaring winners in federal elections. Here’s the deal: it sets a hard deadline for states to count ballots by 10 p.m. on election night and certify the final results within 48 hours after polls close (SEC. 2).

Tick-Tock: The New Election Clock

This bill is all about getting those election results in fast. The core idea is to have a clear and quick conclusion to federal elections. Imagine knowing the outcome of a Senate race within a couple of days, instead of potentially waiting weeks. For folks working overtime or juggling family responsibilities, this could mean less time glued to the news cycle, waiting for updates.

Real-World Rollout: How This Could Play Out

Let's say you're a shift manager at a distribution center, and you voted before heading into work. Under the RACE Act, you should know the results sooner. The same goes if you're a teacher grading papers or a contractor bidding on a new job – quicker results mean you can plan ahead with more certainty. This could be a real benefit for voters and candidates alike, potentially boosting overall confidence in the election system.

But, and this is a big but, there's a catch. The bill says states can get a pass on these deadlines if they face a "legitimate emergency" like a natural disaster, or "technical difficulties" with things like voting machines or software (SEC. 2). That sounds reasonable, right? The problem is, the bill doesn’t actually define what counts as a "legitimate emergency" or "technical difficulties." This lack of clarity could become a major headache.

Potential Snags: Speed vs. Accuracy

While faster results sound great, there are some real concerns. What if a state rushes the count to meet the 10 p.m. deadline and makes mistakes? Or, what if a county's voting machines break down, and they can't get them fixed in time? The bill doesn't fully address these scenarios, and the vague language around "emergencies" and "technical difficulties" could lead to disputes and legal challenges. It is important that election workers have the time they need to make sure every vote is counted correctly.

Another consideration: this bill adds new deadlines, but it doesn't change any existing election laws about how votes are counted or verified. So, states will still have to follow all their current procedures, just on a much tighter schedule. This could place a significant strain on election officials and potentially impact the accuracy of the results, especially in close races. The potential for disenfranchisement exists if strict deadlines are not met and no clear definition is provided for what constitutes a 'legitimate' exception.