There’s a federal statute that means December 8 will function as what’s known as the “safe harbor” deadline. Occurring about a month after Election Day, December 8th is the deadline for final resolution of all election disputes, including court challenges. It is the final date on which slates of electors must be chosen by states for submission to Congress.
If things aren’t settled by then, Congress is under no obligation to accept the validity of electoral votes submitted by states. Instead, the newly-elected Congress will gain legal authority to determine the winner in any state that has not resolved its election drama by the deadline.
Here’s
the statutory language:
If any State shall have provided, by laws enacted prior to the day fixed for the appointment of the electors, for its final determination of any controversy or contest concerning the appointment of all or any of the electors of such State, by judicial or other methods or procedures, and such determination shall have been made at least six days before the time fixed for the meeting of the electors, such determination made pursuant to such law so existing on said day, and made at least six days prior to said time of meeting of the electors, shall be conclusive, and shall govern in the counting of the electoral votes as provided in the Constitution, and as hereinafter regulated, so far as the ascertainment of the electors appointed by such State is concerned.
The “safe harbor” deadline is a major reason why things went as they did in the 2000 Bush v. Gore case.