How Congress Counts the Electoral Votes is part of ESPC’s How Does the Process Work? Series
All eyes have turned to January 6th because that day marks the final step in the process to elect a new President. Here’s a recap of the steps leading up to the inauguration:
- Spring and Summer 2020: Nomination of Electors.
- Nov. 3, 2020: Election Day.
- Dec. 8, 2020: Deadline for Resolving Election Disputes.
- Dec. 14, 2020: Meeting of the Electors. The 538 electors representing presidential candidates declared winners in the state contests cast their electoral votes as required under the Constitution’s 12th Amendment and a federal statute, 3 U.S.C. §§7-8. Former Vice President Joe Biden received 306 votes and President Donald Trump received 232 votes. 270 votes are needed to declare a winner.
- Dec. 23, 2020: Deadline for Receipt of Ballots.
- Jan. 6, 2021: Counting of the Electoral Ballots. The U.S. Congress meets in joint session to count the electoral votes.
- Jan. 20, 2021: Inauguration Day. The president-elect becomes the president of the United States.
The congressional joint session to count electoral votes is generally a routine, ceremonious affair. But 2020 proved to be a once-in-a-lifetime, real-time civics lesson—a tradition that is continuing into 2021. So how does the process work?
WHAT DOES THE CONSTITUTION REQUIRE?
The Constitution requires Congress to meet and count the electoral votes.
WHAT HAPPENS WHEN CONGRESS MEETS?
Under federal law, Congress must meet on January 6th in a joint session—both the House and the Senate, together—and open sealed certificates from each state that contain a record of their electoral votes.
Fun fact: The votes are brought into the chamber in mahogany boxes.
The presiding officer opens and presents the certificates of the electoral votes in alphabetical order of the states. Appointed “tellers” from each chamber, members of both parties, then read each certificate out loud. The president of the Senate—the Vice President of the United States—presides over the session and declares the winner.
WHAT IF THERE’S AN OBJECTION?
After a “teller” reads a state’s certificate, any member can stand up and object to that state’s vote on any grounds. That has happened in the past, including in 1967, 2001, 2005, and 2017.
For an objection to be “heard” it must be in writing and signed by both a member of the House and a member of the Senate.
WHAT HAPPENS NEXT?
If there is such a joint request, then the joint session suspends and the House and Senate go into separate sessions to consider it. They have a maximum of two hours to discuss and debate specific objections.
According to the Congressional Research Service, “The two houses then vote separately to accept or reject the objection. They then reassemble in joint session, and announce the results of their respective votes. An objection to a state’s electoral vote must be approved by both houses in order for any contested votes to be excluded.”
ONCE CONGRESS COUNTS THE VOTES, WHAT’S NEXT?
The joint session is the last official chance for objections.
WAS THERE FRAUD IN THE 2020 ELECTION?
No. There was no widespread fraud in the election, as has been confirmed by a range of election officials and by William Barr, former Attorney General of the U.S.
Read ESPC’s official statement on election fraud from Executive Director Chris Merrill: We must unequivocally condemn the campaign to overturn the election.
WHAT HAVE MEMBERS OF WYOMING’S FEDERAL DELEGATION SAID?
Already, we know that twelve members of the Senate have agreed to sign on to objections planned by members of the House. Wyoming’s freshman Senator, Cynthia Lummis is among the twelve.
Claims of election fraud have been adjudicated and dismissed and all the results duly certified. Claiming election fraud sets a dangerous and destructive precedent, as Wyoming’s lone Congressional Representative Liz Cheney explains here.
WHEN IS THE INAUGURATION?
At noon on January 20, 2021, President-Elect Joseph R. Biden and Vice President-Elect Kamala Harris become the President and Vice President of the United States.