Thank you for contacting me about the contested results of the 2020 election. I appreciate the opportunity to hear from you. This is an important time of robust discussion in our country as we determine who the actual winner is of an election where more Americans participated than any other election in American history.

Because of the pandemic, this election cycle saw an unprecedented number of mail-in ballots and early voting. As a result, the election results have been announced very slowly in several states. Oklahoma requires that absentee ballots must be received by the close of the polls on Election Day, which allows our state to complete our count within hours of the election close. Clearly, several states do not have election systems as efficient or transparent as the Oklahoma process. This is an issue we should address for every future federal election.

During the long delay, multiple stories of fraud, questions about legal ballots and double counting have arisen. Free and fair elections rely on our ability to ensure that every legal vote is counted. It is essential that evidence of voter fraud or irregularities be brought forward. In 2000, Al Gore challenged the election results in Florida for over a month, taking his case to the Supreme Court two times. In 2018, Stacey Abrams challenged the election results for Governor in Georgia for ten days, then filed a lawsuit to change the way elections are conducted in Georgia. Our judicial system is the appropriate place to ensure the integrity of our elections. President Trump has every right to question irregularities and ask for recounts where the law permits. I support his pursuit and believe the Americans who voted in this election should have their questions answered and know that the President who will serve the next four years was duly elected.

Election results announced the night of the election by the media are always considered unofficial. Usually there is a clear winner and both candidates agree on the final outcome, but multiple times in American history elections have been very close and it has taken weeks to determine the final winner. The United States Constitution provides a detailed timeline for the days and weeks following a presidential election. The Electoral College is scheduled to vote, by law, on December 14th 2020.

Between November 4, 2020,and December 14, 2020, states are responsible for counting and certifying their vote count. Federal law requires the governors of each state to prepare documents known as Certificates of Ascertainment. These certificates list the names of the electors chosen by the voters and the number of votes received. These certificates must be delivered to the Archivist of the United States and the electors before December 14th, 2020. The electors will cast their votes on December 14th and provide the Certificates of Ascertainment and the Certificates of the Vote to the President of the Senate (the Vice President of the United States). A joint session of Congress is set to meet on January 6th, 2021, and will count the votes and declare the results. The election results are not final until this process occurs.

Several Oklahomans heard through social media or some news sites that I have called Joe Biden, “President Elect” or I have not supported President Trump’s legal challenges; both of those accusations are false. Joe Biden is a candidate for President, but we do not know who the winner of the election is yet. But, I have stated that Joe Biden should continue to receive intelligence briefings since we do not know the outcome of the election.

Many people may not know that prior to Election Day, both candidates for President receive daily intelligence briefings months before the November election to help them prepare for the task. This has been a longstanding practice for national security to help both candidates be ready for the many complicated international and domestic challenges that we face each day. Obviously, President Trump already receives all the intelligence information that he requests each day. Late this summer, Joe Biden also started receiving these intelligence briefings each day, but on Election Day those briefings stopped.

As a country, we found ourselves in a similar situation in 2000 during the Bush v. Gore election. The outcome of the presidential election was undetermined for over a month. While the matter worked its way through the courts, George Bush was cut off for three weeks from the intelligence briefings. But, by late November, George Bush was allowed to start receiving intelligence briefings again, just as he did during the campaign. For several weeks after that, both candidates received the briefings until the election was finally determined. This is a reasonable model for the present situation.

Simply stated, we should follow that precedent and allow both candidates to receive the same pre-election intelligence briefings while the process of confirming election results works its way through the process. Once that process is complete and we have a certified President-elect, the General Services Administration (GSA) can ascertain a winner in the election and allow the transition process to continue.

National security is not a partisan political issue - it is essential for every American. Two decades ago, the 9/11 Commission Report emphasized the importance of continuity for national security purposes even in a disputed election. Continuing the intelligence briefings does not acknowledge a winner in the race, it only assures that we are keeping our priority focus on national security.

I hope this information is helpful. I urge you to pray for the nation as we await election results. Please feel free to email me again at www.lankford.senate.gov to learn more about my work in the United States Senate for all of us.

In God We Trust,

James Lankford United States Senator