WASHINGTON — States that haven't yet certified their votes for president or that face legal challenges are rushing to resolve any remaining disputes by Tuesday, known as safe harbor day.
Under federal law, Congress must count the electoral votes from states that act by Dec. 8 to choose their presidential electors — the people who meet next week in each state to cast the actual votes for president — and to resolve any remaining legal disputes over their choices.
The Electoral Count Act was passed in 1887, after four states sent in votes from two different sets of electors from the 1876 presidential race between Rutherford B. Hayes and Samuel Tilden. Congress had established no mechanism to resolve fights over competing slates of electors, and it adopted the act in hope of heading off future disputes.
Under the law, Congress must count the electoral votes from states that chose their electors and resolve any legal disputes over the choices by the act's deadline, which is six days before the electors meet to vote. Of course, if a state fails to meet the safe harbor deadline but chooses its electors by Dec. 14, Congress can still count the votes.
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