Do candidates have to concede? What to know as outcome looms in presidential race
Concession has been a pillar of American presidential elections for more than a century.
But it’s not required by law.
As the contentious 2020 presidential election begins to draw to a close, the time-honored practice could be absent in its aftermath for the first time in recent history.
Biden stands at 264 electoral votes as of Friday morning — after picking up key wins in Michigan and Wisconsin on Wednesday — and Trump stands at 214, according to the Associated Press. The winner needs at least 270. The Associated Press has yet to call the election in five states. But results could be coming soon in Nevada and Pennsylvania, and the first called could tip the election. Biden currently leads in those two states.
Prior to the election, President Donald Trump had refused to commit to a peaceful transfer of power if he loses, and in recent days, has told his allies he has “no intention” to concede to Democratic nominee Joe Biden if the former vice president is victorious, CNN reports.
Trump wouldn’t be required to concede under that scenario, as concession isn’t mandated under the U.S. Constitution or the law, USA Today reports.
A refusal to concede, however, wouldn’t be expected to change the outcome of the election.
“A candidate’s refusal to concede has no effect on the necessary steps that unfold after election day to finalize the result,” Joshua Geltzer, executive director of Georgetown University’s Institute for Constitutional Advocacy and Protection, told CBC News.
Candidates have until January, when a new president is sworn in, to contest the election, according to the Transition Integrity Project.
Trump has signaled he would do that — requesting recounts in multiple key states and indicating he’ll take the election to the courts.
The Biden campaign responded Friday to reports that Trump will refuse to concede if Biden is declared the winner.
“The United States government is perfectly capable of escorting trespassers out of the White House,” campaign spokesperson Andrew Bates said in a statement, according to Bloomberg News.
But, despite not being required by law, concessions are an important symbol of American democracy.
“They legitimize the victory of the other side and it sends a message to supporters that they need to accept the results of the election,” Kathryn Brownell, associate professor of history at Purdue University, told CBC.
The tradition started with a telegram.
In 1896, William Jennings Bryan sent one to his opponent, William McKinley, conceding to him, NPR reports.
Since then, public concession has been present in every American presidential election, though some candidates have taken longer than others to do it, USA Today reports.
Additionally, candidates can retract their concession.
In 2000, Democrat Al Gore conceded to Republican George W. Bush but called back an hour later to retract it — contesting the election and kicking off a recount in Florida, NPR reports.
“Electoral concessions are not in any way binding; to the contrary, they arise out of, and are a nod to, a candidate’s faith in other electoral norms,” Ryan Neville-Shepard, a University of Arkansas professor who specializes in political communication, wrote in the Washington Post in 2018.
This story was originally published November 6, 2020 at 8:57 AM with the headline "Do candidates have to concede? What to know as outcome looms in presidential race."
