Why It Matters
Federal election results at the state or territorial level are never official on election night, and final totals normally differ from election-night figures, according to a new Congressional Research Service (CRS) report.
Federal law typically has relatively little effect on the process of counting and finalizing election results, with most of the process governed by state law.
The Big Picture
Finalizing federal election results involves two main steps: the canvass, which verifies and aggregates valid ballots, and certification. The canvass may include reconciling ballot counts, resolving provisional ballots, and handling signature or voter-intent questions, and some states use canvassing boards that include people not involved in running the election.
Mail-ballot mailing start dates ranged from 60 days before election day to 18 days as of September 2026, and early in-person voting periods ranged from three to 46 days as of August, according to National Conference of State Legislatures data. Transparency measures described in the report include election observers, media access to certain post-election steps, livestreamed canvasses in some jurisdictions, and post-election audits that compare a sample of paper records against reported outcomes.
The report cites the Supreme Court's decision in Watson v. Republican National Committee, decided June 29, which held that nothing in federal election-day statutes requires absentee ballots to be received by election day. The Court upheld a state law counting ballots postmarked by election day but received up to five days later.
The Bottom Line
With the 2026 election cycle underway, the report emphasizes that election-night returns are preliminary and that the canvass and certification process, governed largely by state law, determines final results.
Access the Legis1 platform for comprehensive political news, data, and insights
Spot something wrong? Report an issue with this article
