In the United States, every four years, after voters cast their ballots in the November presidential election, the official outcome is recognised and recorded by Congress after a formal legal process. The Electoral Count Act, a federal legislation that specifies how electoral votes are sent to Congress, opened, read aloud and formally tallied during a joint session of parliamentarians, governs this process.
Why Electoral Count Act Was Created
This procedure was made clearer and more organised with the introduction of the Electoral Count Act of 1887 (ECA). It was passed following the fiercely disputed 1876 presidential election, which resulted in weeks of political unpredictability and tension due to competing electoral vote filings from several states.
In response, legislators drafted the Act to create a structured legal framework that would help avoid future crises of this nature. The appointment of electors, the verification and counting of their votes, and the handling of differences or complaints are all explained by this framework.
Rules, Timelines, Objection
Apart from outlining the overall structure, the law establishes stringent deadlines for important phases of the election process. It lays forth the deadlines for electors to cast their ballots and for Congress to meet and tally them. The Act also establishes official objection mechanisms, mandating that any challenge to electoral votes be made in writing and subject to independent Senate and House of Representatives reviews.
Modern Reforms To Strengthen The Law
The Electoral College, a group of 538 electors chosen by the states and the District of Columbia, is at the centre of the American presidential election system. The votes that elect the president and vice president are cast by these electors. Only after these electors have cast and reported their votes does Congress start to play a part.
The Electoral Count Reform and Presidential Transition Improvement Act, a significant update, was passed by Congress in December 2022. It modernises and clarifies the original Electoral Count Act provisions. It was signed into law as part of broader government appropriations legislation to improve electoral procedures for the 21st century.
Election Certification
Election certification is the formal procedure that completes the process. It entails counting and verifying that each and every vote has been cast. Recounting votes, identifying errors or resolving issues related to the election is not its responsibility. Only when the results have been thoroughly examined can certification take place. Certification is essentially a means of verifying that the vote count was carried out correctly.
Receiving And Processing Electoral Votes
After the election, each state sends its certified electoral votes to Congress in sealed certificates. These votes are addressed to the Vice President in their role as President of the Senate. Upon arrival at the Capitol, the certificates are placed in ceremonial boxes and carefully moved from the Senate chamber to the House chamber to prepare for the joint session.
Members Gather For The Joint Session
Federal law requires that both chambers of Congress meet at a set time to begin counting the electoral votes. Senators and House members convene in the House chamber, and the Vice President presides over the session from the dais. Other leadership members sit nearby to assist with the ceremony.
Reading And Counting The Votes
Designated members from both chambers, called “tellers,” help read the votes aloud. These tellers, chosen by congressional leadership, announce the electoral votes for each state in alphabetical order. As each state’s results are read, the Vice President oversees the process and asks if there are any objections to the votes.
If an objection meets the required threshold, usually supported in writing by at least one-fifth of the members of both chambers, the House and Senate withdraw to debate the objection separately. Each chamber may debate for up to two hours before voting on whether to sustain the objection.
Completing The Certification
Once all votes have been read and any objections addressed, the Vice President announces the final tally of electoral votes and identifies the candidates who have received a majority. The session is formally concluded, marking the official certification of the election. The entire process can take less than an hour in normal circumstances, though it can last much longer if there are delays or disputes.
According to the Twelfth Amendment of the US Constitution, the candidate who receives a majority of all appointed electors becomes President. In practice, all states and the District of Columbia appoint the full number of electors they are entitled to, bringing the total to 538. This means a candidate needs at least 270 electoral votes to secure a majority and win the presidency.