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Please note!
This fact brief was originally published as an experiment to test the concepts behind fact briefs.
Readers should be aware that while there is still a lot of useful information in fact briefs like this one, not all of them reflect Gigafact's current methods and standards for fact briefs. If you come across any that you feel are out of date, don't hesitate to contact us at support@gigafact.org.

Does a candidate's refusal to concede affect the outcome of an election?

Tuesday, August 4, 2020
By Eric Smith
NO

Concession speeches are a tradition in U.S. politics that date back to the beginning of broadcasting, but they have no basis in the Constitution or election laws and nothing to do with determining the outcome of a contest.

The Constitution leaves the administration of elections to the states. While there are certain federal laws in place for federal elections, the results of an election to federal office in a given state are left for that state's officials to determine and for its state courts and lawmakers to regulate in the event of any dispute.

A speech serves to acknowledge the legitimacy of the democratic process and a peaceful transfer of roles. "So what the concession speech accomplishes is not really about whether the loser accepts his or her loss," Time writes. "It’s about the loser’s supporters being encouraged to do so."

This fact brief is responsive to conversations such as this one.
ABOUT THE CONTRIBUTOR
Between 2020 and 2022, under close editorial supervision, Gigafact contracted a group of freelance writers and editors to test the concepts for fact briefs and provide inputs to our software development process. We call this effort Gigafact Foundry. Over the course of these two years, Gigafact Foundry writers published over 1500 fact briefs in response to claims they found online. Their important work forms the basis of Gigafact formats and editorial guidelines, and is available to the public on Gigafact.org. Readers should be aware that while there is still a lot of relevant information to be found, not all fact briefs produced by Gigafact Foundry reflect Gigafact's current methods and standards for fact briefs. If you come across any that you feel are out of date and need to be looked at with fresh eyes, don't hesitate to contact us at support@gigafact.org.
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