Every four years, millions of Americans head to the polls to elect the next president of the United States. However, the process of declaring the winner is more complex than just counting the popular vote. The presidential certification process is a crucial part of ensuring a smooth and legitimate transition of power, guided by the U.S. Constitution and federal law.
In this blog post, we’ll break down the key steps in the process, from Election Day to Inauguration Day, to explain how the U.S. officially certifies the president.
For a deeper analysis, our friend and former Director of Content on the Hilary Clinton campaign in 2016, Danielle Kantor, wrote a piece on her blog, Informing Democracy, titled, "Failure to certify is not an option."
Step 1: The Electoral College
When Americans vote for president, they are not directly voting for a candidate. Instead, they are voting for a group of electors in their state who are part of the Electoral College. The Electoral College consists of 538 electors, and a candidate must receive at least 270 electoral votes to win the presidency.
Each state is allocated a certain number of electors based on its population (equal to the number of its representatives in Congress), plus two for its senators. For example, California, the most populous state, has 54 electoral votes, while smaller states like Vermont have 3.
Most states follow a winner-take-all system, meaning that the candidate who wins the popular vote in that state receives all of the state’s electoral votes. Maine and Nebraska, however, use a proportional allocation system, where electoral votes are divided between candidates based on the outcome in congressional districts.
Step 2: Casting Electoral Votes
On Election Day, voters in each state select the electors who will represent their state in the Electoral College. Once the popular vote is counted and the winning electors are determined, the electors meet in mid-December to cast their official electoral votes. These votes determine the next president and vice president.
- The Electors’ Meeting: On the first Monday after the second Wednesday in December, electors gather in their respective state capitals to cast their votes for president and vice president. These votes are then sealed and sent to the President of the Senate, who is typically the sitting Vice President of the United States.
Step 3: Congress Counts the Electoral Votes
In early January, the U.S. Congress plays a critical role in finalizing the presidential election results by formally counting the electoral votes. The Vice President presides over a joint session of Congress, where the electoral votes from each state are read aloud.
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Date of the Certification: This joint session takes place on January 6th, following the December meeting of the Electoral College.
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Opening the Certificates: The sealed certificates of the electors’ votes, sent from each state, are opened and counted. The Vice President, in their role as the President of the Senate, oversees this process.
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Certification of the Results: Once the electoral votes are counted, the Vice President declares the results. If one candidate receives at least 270 electoral votes, that person is certified as the president-elect, and the process moves forward to the inauguration.
Step 4: Dealing with Objections and Challenges
The certification process is not always straightforward. Members of Congress can object to the certification of electoral votes from specific states, but there are strict rules governing these objections.
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Objections in Congress: Any objection to a state’s electoral votes must be submitted in writing and signed by at least one member of the House of Representatives and one member of the Senate. Once an objection is raised, the House and Senate each retire to their chambers to debate the issue.
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Debating Objections: Congress debates objections for no more than two hours. For an objection to be successful, both the House and the Senate must agree to reject the electoral votes in question. Historically, objections are rare and seldom succeed, but they are an important part of the democratic process.
Step 5: Contingency Plan—What Happens If No Candidate Wins?
In the unlikely event that no candidate receives the required 270 electoral votes, or if there is a tie, the election is decided by the House of Representatives under the 12th Amendment of the U.S. Constitution.
- The House Decides: Each state delegation in the House casts one vote for president, and a candidate must receive a majority of the states (26 out of 50) to win. The Senate, meanwhile, chooses the vice president in a similar process.
Step 6: Inauguration Day
Once the electoral votes are counted and certified, the president-elect officially becomes the next president of the United States. The final step in the process is Inauguration Day, which occurs on January 20th.
- The Peaceful Transfer of Power: At noon on January 20th, the president-elect takes the oath of office, administered by the Chief Justice of the Supreme Court, officially becoming the president. This marks the peaceful transfer of power, a cornerstone of American democracy.
Why the Presidential Certification Process Matters
The certification process ensures the integrity and transparency of U.S. presidential elections. It provides a clear, orderly system for counting votes and resolving disputes, maintaining public trust in the electoral system.
The Electoral College system, while sometimes controversial, is an integral part of the certification process. Proposals to reform or abolish the Electoral College continue to be debated, but for now, it remains a critical element in how the U.S. selects its president.
In recent years, challenges to election results have tested the resilience of the certification process. However, the system’s checks and balances, including the involvement of Congress and the judiciary, have helped ensure that elections remain free, fair, and secure.
Conclusion
The presidential certification process is a multi-step journey that ensures every vote is counted and every challenge is addressed. From the Electoral College to the joint session of Congress, this process plays a crucial role in maintaining a stable and functional democracy.
As we look toward the 2024 election, it’s important to understand this process so that all Americans can have confidence in the outcome—no matter the winner.
