If the 2024 presidential election doesn’t produce a clear winner shortly after Election Day, both Vice President Kamala Harris and former President Donald Trump’s teams could start receiving briefings from the Biden administration. This is due to recent amendments to the Presidential Transition Act, which outlines procedures for the period between election and inauguration and was updated by Congress following the 2020 election.

In 2020, then-Head of the General Services Administration (GSA), Trump appointee Emily Murphy, delayed access to key government information for President-elect Joe Biden’s team. To prevent a similar scenario, a 2022 update to the law stipulates that if the election result remains uncertain for five days without a concession, both eligible candidates gain access to federal agency resources. This would allow both Harris and Trump’s teams to engage in transition activities until the GSA identifies an apparent winner.

With a close race, this process could take time, as the law requires transition activities to continue for both candidates until the winner is “substantially certain,” any legal challenges are “substantially resolved,” or based on the overall circumstances.

A Biden administration official confirmed, “Following the PTA, we will ensure a fair and balanced process to accommodate transition teams from both candidates if there’s no concession within five days.” The official noted that agencies have set aside separate spaces for both transition teams and are ready to grant each equal access to staff and resources.

Despite this provision, Trump’s team has not yet taken the necessary steps to prepare for a potential transition should he win, missing several key deadlines and raising concerns among Democrats and experts. With just four days left until the election, this lack of preparation has drawn attention.