If Elections Fail, State Legislatures Take Over- By Harsha Sankar(November 2020)

The Electoral Count Act, a 19th-century law, directs governors to certify both the election results and a slate of presidential electors to represent the will of the people. In general practice, governors certify electors chosen by the party of the presidential candidate who won their state.

The Electoral Count Act also says that in the event of “failed elections,” in which voters have not made a choice for president, state legislatures are empowered to step in and appoint electors. . But the law does contain a deadline for states to certify elections: the “safe harbor” date, which this year is Dec. 8.

The elections have to be certified by December 8th so that the electors are allowed to vote for President on December 14th. Electors must be selected on the day of election. The election results must be certified to US Congress by the governor of each state by December 8th of this year. If the election is certified, electors vote for the President on December 14th of this year.

If the election is not certified by the governor of a specific state, then the legislature of that specific state has 6 days to choose electors for its state.