Political Overtime

By Jim Ellis — Monday, Oct. 14, 2024

Election Day

It is quite possible that we will not know the outcome of the presidential election or certainly the US House majority on election night, meaning an undetermined number of days will be required to finally arrive at a definitive winner, or sets of winners in an US House election cycle that promises to deliver multiple tight finishes.

Close elections will bring much scrutiny, and outcomes of several key races in such a situation may not occur until shortly before the state election certification deadline, which in some instances means the middle of December.

There is a strong likelihood that we will see US Senate results on election night. With West Virginia sure to flip from Democrat to Republican and the Montana race today leaning decidedly Republican could mean that a new GOP majority would be announced on election night.

Should, however, an unexpected upset of a Republican member, i.e., Sens. Rick Scott (FL), Deb Fischer (NE), or Ted Cruz (TX), occur, then political overtime is possible, and an extended counting period would come into play if the affected races’ outcomes will determine majority control.

The presidential election is already coming down to seven key swing states, and the domain in this category with the longest certification period is Georgia with a 2024 certification deadline of Dec. 27. The battleground state with the shortest certification period is Nevada, which is Nov. 19.

The unofficial Arizona deadline is Dec. 2; Michigan is Nov. 25; North Carolina will be Nov. 26; and Pennsylvania and Wisconsin are both unofficially scheduled to certify their election results by Nov. 28.

Therefore, if only a few votes in one or more of these states or districts is separating the candidates and the outcome is unclear, then it could be close to a month after election day until we discover a winner. Thus, 2024 could be reminiscent of the 2000 election in Florida, which consumed 36 days to finally determine that George W. Bush had won the state and thereby the election.

The most likely political overtime scenario, however, involves the House majority. Currently, Republicans hold a five-seat edge, but this election could conceivably deliver an even smaller controlling margin to either party. If so, then the races that are forced into political overtime — and in House races there are usually several — will have a direct effect upon which party controls the chamber.

In this case, mid-December could well be the deciding timeline. California and New York, where both states have several competitive races, also have the longest certification periods. In this election year, New York and California election certification deadlines are Dec. 12 and 13, respectively.

Other states where we could see House political overtime are Maine and Alaska, which have certification deadlines of Nov. 25 and 26, while a number of states that feature competitive House races will certify on Dec. 2: Arizona, Colorado, Iowa, Montana, Nebraska, and Virginia.

Even later are Connecticut and Washington (both on Dec. 5), and Oregon on Dec. 12.

While the political world will be in great anticipation of election day, Nov. 5, particularly for determining the House majority, that date may be only the start of what promises to be a laborious and contentious post-election period. At this writing, it appears almost certain that political overtime will be necessary to determine which party will ultimately control a small House majority.

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