(September 21, 2020)

There does seem to be general agreement on one provision of the 1887 act: the “safe harbor” clause. It provides that, if a state submits its final tally in the Presidential contest by six days before the meeting of the Electoral College, that decision is “conclusive” and thus free from legal challenge. This year, the safe-harbor deadline is December 8th; the Electoral College meets in each state capitol on December 14th.

It is unclear, however, what will happen if a slow vote count puts a state in jeopardy of missing the deadline.