Congress is scheduled to gather on Monday for a combined session, executing its constitutional duty of verifying the Electoral College count and thereby formalizing President-elect Donald Trump’s 2024 victory.
What is usually a straightforward procedure, often seen as a formality, became a major point of contention four years ago when a group of rioters stormed the Capitol on Jan. 6, 2021, in anger over Trump’s loss in that election.
This time around, it is anticipated that the event will be far less tumultuous, although a snowstorm in the Washington, DC, area may lead to lower attendance than usual.
Vice President Kamala Harris faces the unenviable role of overseeing the certification of her own defeat — the same situation that former Vice President Al Gore encountered 24 years ago.
Certification of the election outcome involves several steps. Here’s how the process will proceed.
How does the 2024 Electoral College certification work?
The 2024 presidential contest took place on Nov. 5, 2024. Although the media quickly projected Trump as the victor, state officials still had to finalize their respective results, with Dec. 11, 2024, serving as the “Safe Harbor Day” for completing their determinations.
After that, on Dec. 17, 2024, the 538 members of the Electoral College — the body that actually picks the president — cast their votes by state.
Then, following the Electoral Count Act, both chambers of Congress convene on January 6 to officially count the Electoral College votes. They do so in a joint session, bringing both the House and Senate together in the House chamber.
At this joint session, Congress opens the sealed envelopes from each state that detail its electoral votes. Special mahogany boxes are used to transport these certified documents.
Each chamber designates two tellers — typically one Democrat and one Republican — to read the state certifications aloud. The presiding officer opens the envelopes and distributes them to the tellers.
The tellers then declare the certificates in alphabetical order by state, noting whether they appear “authentic,” and they read out the tallied results.
Can members of Congress object?
As each state’s results are presented, lawmakers may try to lodge an objection, but it must be submitted in writing and accompanied by the signatures of one-fifth of each chamber to be taken up.
In the past, a single member from each chamber could initiate an objection, but that standard was elevated following the turbulent Jan. 6, 2021, proceedings.
If an objection meets the necessary threshold, the joint session pauses, and each chamber withdraws to debate the complaint independently. A simple majority in each chamber must vote to uphold the objection for it to prevail.
Heading into this year’s count, there is no expectation that any objection will reach the one-fifth mark.
In the previous certification, both chambers dismissed objections raised regarding Arizona and Pennsylvania. Once objections are denied, the electoral votes remain unchanged and are counted as submitted.
How does it conclude?
When all states have had their votes announced by the tellers, Harris will present the cumulative Electoral College tally, confirming whether any electors strayed from their pledged votes. Many states have rules designed to limit such variations.
Following that, the vice president will bring the joint session to an end. Eight years ago, the official process wrapped up in just over 30 minutes, though the length can change depending on the circumstances.
What was Trump’s plan on Jan. 6, 2021?
In the lead-up to Jan. 6, 2021, Trump’s associates devised a far-fetched strategy to overturn his loss by pushing states to provide alternate electors. They then intended for Vice President Mike Pence to “decertify” or refuse to accept those electoral votes.
Their premise was that such a move might alter the needed total of 270 votes.
However, Democrats would almost certainly have challenged that, which would have led to a special vote in the House, where each state’s congressional delegation votes as a single bloc.
At that time, Republicans held a majority of the state delegations.
Ultimately, Pence declined to “decertify” the results, calling that action unconstitutional, a stance supported by many legal experts. In the aftermath, Congress approved the Electoral Count Reform and Presidential Transition Improvement Act of 2022 to close any loopholes enabling a replay of those events.
What changed from last time?
Under the measures enacted in 2022, federal law now clearly states that the vice president does not have authority to influence the outcome of the January 6 counting process.
A number of smaller legal clarifications were also implemented to refine how candidates can dispute results in court and to strengthen other procedures, thereby limiting potential legal gray areas.
Additionally, the Department of Homeland Security has declared Monday a “National Special Security Event,” granting federal authorities greater resources to avert being caught off-guard by any unforeseen developments.
Once the certification is complete, Trump will be just two weeks away from inauguration, which is when the actual transfer of power takes place.
Members of the new 119th Congress took office last Friday, handing Republicans control of the Senate in addition to their hold on the House.
{Matzav.com}