2020 Elections: Evening Recap

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This information is current as of 4:30 p.m. Eastern. 

The information below reflects current data with many elections yet to be finalized and some that may be subject to runoffs or legal challenges.

Key Developments

  • Neither President Trump nor Joe Biden have secured the 270 electoral votes required to be elected president.
  • With five Senate races yet to be decided, Republicans hold 48 seats while Democrats hold 47 seats. Democrats would need to gain four seats of those uncalled to replace Republicans as the majority in the U.S. Senate; while Republicans need to secure three to retain the majority.
  • Democrats will retain control of the U.S. House of Representatives even though several House races are yet to be finalized.

Presidential Election

  • While Trump declared in remarks last night that he has won re-election, neither he nor Biden have secured the 270 electoral votes required to be elected president. With Arizona and Wisconsin now called by multiple networks for Biden, he leads Trump 248 – 214, with six states yet to be determined.
  • The results are not final for the following six states, which represent a total of 76 electoral votes at stake:
    • Pennsylvania (20)
    • Michigan (16)
    • Georgia (16)
    • North Carolina (15)
    • Nevada (6)
    • Alaska (3)
  • It will likely be days before all votes are counted and potentially weeks of legal wrangling before all election results are certified. Based on 3 U.S.C. §7, and historical precedent, we are likely to know who has won the election by December 14, 2020, when the electors submit their votes to their respective states. As a formality, these votes will be counted before a joint session of Congress on January 6, 2021. For additional key dates regarding resolving and certifying electors' votes, please see this Congressional Research Service report.

U.S. Senate

  • In 2020, there were 35 U.S. Senate seats up for consideration. Prior to the elections, Republicans held 23 of the 35 seats.
  • As of the time of publication, with five Senate races yet to be decided, Republicans hold 48 seats while Democrats hold 47 seats. Senate races in the following states are yet to be "called":
    • Alaska
    • Georgia (two seats)
    • Michigan
    • North Carolina
  • Republicans currently hold four of the five Senate seats for which a winner has yet to be declared. Since this morning, Maine has now been called for Republican incumbent Sen. Susan Collins.

U.S. House of Representatives

  • Entering the November 3 elections, Democrats held a 232 – 197 majority (with five vacancies and one Independent).
    • To regain control of the House, Republicans would need to gain 16 seats.
    • Several key "hot races" have been called:
      • SC 01 – Flipped – Nancy Mace (R)
        • Incumbent beat: Joe Cunningham (D)
      • OK 05 – Flipped – Stephanie Bice (R)
        • Incumbent beat: Kendra Horn (D)
      • FL 27 – Flipped – Maria Elvira Salazar (R)
        • Incumbent beat: Donna Shalala (D)
      • FL 26 – Flipped – Carlos Gimenez (R)
        • Incumbent beat: Debbie Mucarsel-Powell (D)
      • MN 07 – Flipped – Michelle Fischbach (R)
        • Incumbent beat: Collin Peterson (D)
      • NM 02 – Flipped – Yvette Herrell (R)
        • Incumbent beat: Xochitl Torres Small (D)
  • Currently, Democrats have won 203 seats and Republicans have won 188 seats. There are 44 seats yet to be finalized.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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