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

The RACE Act mandates that states complete the counting of all federal election ballots by 10 p.m. on election day and certify results within 48 hours.

August Pfluger
R

August Pfluger

Representative

TX-11

LEGISLATION

RACE Act Mandates 10 P.M. Election Day Ballot Counting and 48-Hour Results Certification

The RACE Act is stepping in to put a timer on the democratic process. This bill amends the Help America Vote Act to require that every single ballot cast in a federal election be counted by 10 p.m. local time on Election Day. It doesn't stop there; it also mandates that states officially certify those results within 48 hours. Think of it as a hard deadline for the paperwork of democracy, aiming to turn the 'election week' we’ve seen recently back into a true Election Day.

The Race Against the Clock

Under Section 2, the bill sets a strict 10 p.m. cutoff for counting. For a poll worker in a high-turnout precinct or a clerk in a county with complex, multi-page ballots, this is a massive shift. While the bill includes 'safety valves' for genuine emergencies—like a hurricane or a major technical meltdown with voting machines—it doesn't explicitly account for the high volume of mail-in ballots that many states now handle. If you’re a voter in a state that traditionally takes a few days to verify signatures and process a mountain of envelopes, this bill could force a radical and rapid overhaul of how your local officials operate.

Speed vs. Certainty

The 48-hour certification window is where the rubber really meets the road. Certification is usually the final check-and-balance step where officials verify that the math adds up. By requiring this to happen within two days, the bill aims to eliminate the long periods of uncertainty that can lead to public anxiety. However, the real-world challenge is for the election officials in the trenches. If a small-town office hits a snag that isn't quite a 'major disaster' but still slows them down, they could find themselves in violation of federal law. For the average citizen, this means results will arrive faster, but it also means the margin for error for the people counting your vote just got a lot thinner.

Defining the ‘What-Ifs’

The bill’s vagueness regarding what counts as a 'genuine emergency' or a 'technical problem' is the fine print worth watching. Because these terms aren't hyper-specific, their interpretation could vary wildly from one state to another. If a server goes down for an hour, does that count? What about a localized power outage? For voters in vulnerable communities where polling resources might already be stretched thin, these strict deadlines could create a high-pressure environment where any hiccup becomes a legal headache. The goal is clearly to boost confidence through speed, but the success of the RACE Act will likely depend on whether states can actually keep up without tripping over the new hurdles.