Skip to content

Who formally declares the winner of the U.S. presidential election?

Who formally declares the winner of the U.S. presidential election?

September 16, 2020 (Posted by) Don Pelton

With rare exceptions, like the 2000 presidential election, the winning candidate usually declares victory on election night. But the win isn’t actually certified until January. ranklin McMahon/CORBIS/Corbis via Getty Images

By Amy Dacey, American University

With the U.S. presidential election rapidly approaching at a time of extraordinary political and social disruption, the possibility of an unclear or contested result is coming under scrutiny.

Unlike many other countries, where the president or prime minister is chosen by direct popular vote, in the U.S., a candidate may win the popular vote and still not be elected to the nation’s highest office. The U.S. also differs from most other democracies in that it has no independent electoral commission to certify the final vote count.

So who actually confirms the winner?

Step #1: Before Election Day

American democracy has many elected officials – state, local and national – and many processes for getting into office.

I have been working on election campaigns since I was eight years old, when my dad ran for school board and I went door to door asking people to vote for him. I’ve also worked on local, congressional, senate and presidential races and now direct an academic research center on politics.

What’s striking is that every race is different, from deadlines and filing process to certification. Here, I’ll focus here on the presidential race.

The unusual and complicated presidential election certification process in the U.S. entwines all 50 states and the District of Columbia, the Senate, House of Representatives, the National Archives and the Office of the Federal Register. It also involves the Electoral College – a uniquely American institution that convenes in 51 separate locations once every four years to pick the president.

The neoclassical National Archives building in Washington, D.C.
Certified presidential election results are stored in perpetuity at the National Archives. UpstateNYer via Wikimedia Commons, CC BY-SA

This four-month process was custom designed as a compromise by the Founding Fathers, who did not believe the American people should directly choose the president and vice president but did not want to give Congress the power of selection, either.

The Constitution declares that American presidential elections occur on the first Tuesday in November, every four years. But the federal election process actually begins in October, when the Archivist of the United States – a presidential appointee responsible for maintaining the government’s most important official documents – sends a letter to the governor of each state.

The document outlines their responsibilities regarding the Electoral College, which is not a place but a process by which electors – people who are chosen by their party – vote for their party’s presidential candidate.

The machinery of the Electoral College is complicated, but in short Americans vote for electors and the electors vote for the president. Then, the winner is declared – right?

Step #2: After Election Day

Not quite.

Once a final tally of voters’ in-person, mail-in and provisional ballots has been concluded, all 50 governors prepare their state’s Certificate of Ascertainment, a document listing their electors for the competing candidates.

Each state completes that process at its own rate. This year, because of the pandemic, finalizing the electoral vote count will likely take a lot longer. Once completed, copies of the Certificate of Ascertainment are then submitted to the U.S. Archivist.

After the governor submits names to the Archivist, each state’s Electoral College electors meet in the state capital – D.C.‘s meet in D.C. – to formally cast their votes for president and vice president on the first Monday after the second Wednesday in December. This year, that’s Dec. 14, 2020.

In ways that vary state by state, each state’s electors then prepares six Certificates of Vote, which are sent by registered mail to the President of the U.S. Senate and the Archivist of the United States. The remaining four certificates are sent to state officials.

That fulfills the Electoral College’s duties until the next presidential election.

Electors sit around a large wood table in a stately setting, signing documents
Colorado members of the Electoral College sign their Certificate of Vote, Dec.19, 2016, in Denver. Joe Amon/The Denver Post via Getty Images

Step #3: Congress meets

On Jan. 6, Congress convenes to count the electoral votes and certify the winner of the election.

Because the sitting vice president also serves as president of the Senate, Mike Pence will preside over this count in 2021, just as Vice President Joe Biden did in January 2017 when Donald Trump officially became president-elect. Each state, called upon in alphabetical order, files its votes.

This process is in some respects ceremonial, because by January the media has declared a winner and usually a concession speech has been given. But, officially, it is the moment of truth.

At the end of the Senate’s electoral vote count, the vice president announces the results and asks if there are any objections. In 2001 Democratic House representatives tried for 20 minutes to block Florida’s highly contested electoral votes for George W. Bush.

On Jan. 6, 2001, as George W. Bush was certified as President of the United States, members of the Congressional Black Caucus tried in vain to object to the election result.

That effort failed, because objections must be signed by both a member of the House and the Senate before being voted on by both chambers of Congress. It fell to Vice President Al Gore, as president of the Senate, to declare Bush – his Republican opponent – the winner of the 2000 election.

After the Senate certifies the election results, all the Certificates of Ascertainment and Certificates of Vote then become available for public review at the Office of the Federal Registrar for one year, then transferred to the National Archives for the permanent record. Those who question the outcome of a U.S. election, in other words, can actually double-check the tabulations themselves.

[Deep knowledge, daily. Sign up for The Conversation’s newsletter.]

In the extraordinary event that no candidate wins in the Electoral College, the House of Representatives meets to elect the next president. This is how John Quincy Adams became president in 1824.

Established almost 250 years ago, this complex process is a foundation of American democracy. Many have questioned whether this antiquated system truly represents the will of the people in modern America.

But for 2020, it remains the process that will decide the presidential race.The Conversation


Amy Dacey, Executive Director of the Sine Institute of Policy and Politics, American University

This article is republished from The Conversation under a Creative Commons license. Read the original article.

Print Friendly, PDF & Email

Articles, History, Politics

Post navigation

PREVIOUS
Wildfires (Cartoon by John Cole)
NEXT
Less than 7 Weeks to Save our Democracy from a Grotesque, Bigoted, illiterate Game Show Host and Real Estate Grifter
Comments are closed.

DONATE TO THE FOOD BANK OF NEVADA COUNTY

(CLICK IMAGE)

DONATE TO NEVADA COUNTY RELIEF FUND (click image below)

Erika Lewis, Shaye Cohn, Craig Flory – Got A Mind To Ramble

Jack Kornfield: A Steady Heart in Time of Corona Virus (Part I)

Tara Brach: A Steady Heart in Time of Corona Virus (Part II)

Recent Posts

  • Georgia wants to outlaw giving water to voters as they wait for hours in line to get to the polls.
  • If You Haven’t Already Subscribed to “Brain Pickings” You’re Missing a Treat
  • Can vaccinated people still spread the coronavirus?
  • Your favorite fishing stream may be at high risk from climate change – here’s how to tell
  • GOP Becoming Permanent Minority Party

Recent Comments

  • Douglas Keachie on The Most Urgent Issue in U.S. Politics is Not Biden or Trump, Not Who is President This Time
  • The Most Important Issue in US Politics is Not Biden or Trump, or Even Who is President This Time on How to stop an Insurrection Caucus: These reforms could reduce GOP extremism and save our democracy
  • (Posted by) Don Pelton on GOP Warns Dems About Court Packing (Cartoon)
  • Criminal Incompetence, Malignant Ignorance Will Lead to Hunger and Violence on A Nice Depression Now Benefits the GOP in 2022 and 2024
  • togel singapura hari ini on How Wall Street Has Turned Housing Into a Dangerous Get-Rich-Quick Scheme — Again

Archives

  • March 2021
  • February 2021
  • January 2021
  • December 2020
  • November 2020
  • October 2020
  • September 2020
  • August 2020
  • July 2020
  • June 2020
  • May 2020
  • April 2020
  • March 2020
  • February 2020
  • January 2020
  • November 2019
  • August 2019
  • July 2019
  • June 2019
  • May 2019
  • February 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • July 2018
  • June 2018
  • April 2018
  • March 2018
  • February 2018
  • January 2018
  • October 2017
  • September 2017
  • August 2017
  • July 2017
  • June 2017
  • May 2017
  • March 2017
  • February 2017
  • January 2017
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • July 2016
  • June 2016
  • May 2016
  • April 2016
  • March 2016
  • February 2016
  • December 2015
  • June 2015
  • May 2015
  • April 2015
  • February 2015
  • January 2015
  • December 2014
  • November 2014
  • October 2014
  • September 2014
  • August 2014
  • July 2014
  • June 2014
  • May 2014
  • April 2014
  • March 2014
  • January 2014
  • November 2013
  • October 2013
  • September 2013
  • August 2013
  • July 2013
  • June 2013
  • May 2013
  • April 2013
  • March 2013
  • February 2013
  • January 2013
  • December 2012
  • November 2012
  • October 2012
  • September 2012
  • August 2012
  • July 2012
  • June 2012
  • May 2012
  • April 2012
  • March 2012
  • February 2012
  • January 2012
  • December 2011
  • November 2011
  • October 2011
  • September 2011
  • August 2011
  • July 2011
  • June 2011
  • May 2011
  • April 2011
  • March 2011
  • February 2011
  • January 2011
  • December 2010
  • November 2010
  • October 2010
  • September 2010
  • August 2010
  • July 2010
  • June 2010
  • May 2010
  • April 2010
  • March 2010
  • February 2010
  • January 2010
  • December 2009
  • November 2009
  • October 2009
  • September 2009
  • August 2009

Categories

  • Aging
  • Articles
  • Atlas Obscura
  • Authoritarianism
  • Black Lives
  • Black Lives Matter
  • Blog
  • Buddhism
  • Cartoon
  • Climate Change
  • Constitution
  • Corona Virus
  • Corruption
  • Democracy
  • Depression
  • Disenfranchisement
  • Economics
  • Education
  • Election Fraud
  • Environment
  • Farming
  • Fascism
  • Fire!
  • Food Insecurity
  • Foreign Policy
  • Forest Management
  • Fracking
  • Gender
  • Health Care
  • History
  • Humor
  • Hunger
  • Ignorance
  • Labor
  • Local
  • Masks
  • Medical Care
  • Men
  • Mental Health
  • Middle Class
  • Mining
  • MMT
  • Modern Monetary Theory
  • Music
  • Native Americans
  • New Cold War
  • Nutrition
  • Pandemic
  • Parenting
  • Poetry
  • Police
  • Politics
  • Populism
  • Press
  • Race
  • Reviews
  • Revolution
  • Right-wing terrorism
  • Rise Gold
  • Rivers
  • Romance
  • Russiagate
  • Science
  • Summer
  • Technology
  • Trump Virus
  • Tuba Skinny
  • Tyranny
  • Uncategorized
  • Vaccine Safety
  • Voting
  • War
  • War on Government
  • Water
  • Watersheds
  • Wildfires
  • Winter

Meta

  • Log in
  • Entries feed
  • Comments feed
  • WordPress.org
© 2021   All Rights Reserved.