WASHINGTON — The congressional joint session set for counting electoral votes on Monday is anticipated to proceed with far less drama than four years ago. That session was disrupted by a violent mob of supporters of former President Donald Trump, who tried to halt the counting process and alter the election results he failed to secure against Democrat Joe Biden.
This time, Trump is preparing to reclaim the presidency after winning the 2024 election, which featured Biden as the Democratic candidate and concluded with Vice President Kamala Harris leading the ticket. Harris will oversee the certification process, marking her own defeat, similar to how Trump’s former vice president, Mike Pence, managed the aftermath of the Jan. 6, 2021 chaos.
Typically a formality, the joint session held every four years on Jan. 6 serves as the final confirmation of a presidential election after the Electoral College casts their votes in December. This meeting is mandated by the Constitution and includes several specific procedures.
**What Occurs When Congress Assembles?**
Under federal legislation, Congress must convene on Jan. 6 to unseal documents from each state which detail their electoral votes. These votes are brought into the chamber in specially designated mahogany boxes for this occasion.
Bipartisan members from both chambers read the results aloud and conduct an official tally. The vice president, serving as the Senate president, leads the session and announces the elected candidates. The Constitution mandates this electoral vote counting process. In case of a tie, the House of Representatives would make the decision on the presidency, where each state delegation casts one vote. However, this scenario, which hasn’t occurred since the 1800s, won’t apply this time given Trump’s decisive win over Harris, which was charted at 312 electoral votes to 226.
**Changes Since the Last Session**
In response to the events of 2021, Congress tightened the regulations surrounding the certification process. Notably, the amended Electoral Count Act, passed in 2022, more clearly specifies the vice president’s functions after Trump unsuccessfully pressured Pence to contest the outcome. Pence ultimately rebuffed Trump’s request and declared his own defeat, a situation that Harris is expected to mirror.
This updated legislation clarifies that the vice president lacks the authority to influence the results during the session on Jan. 6. Historically, vice presidents have faced the tricky responsibility of overseeing their own defeats. For example, in 2001, Vice President Al Gore presided over the votes for the 2000 presidential election, which he narrowly lost to George W. Bush, and had to dismiss several objections from Democratic lawmakers. Similarly, in 2017, Joe Biden, while serving as vice president, oversaw the count that confirmed Trump’s victory, turning down objections that didn’t have Senate backing.
**How Does the Session Proceed?**
The presiding officer opens the electoral vote certificates in alphabetical order of the states. Subsequently, designated “tellers” from both the House and Senate, comprising members from both political parties, will read each certificate and record the votes. Once all votes have been counted, the presiding officer will announce the majority winners for both the presidency and vice presidency.
**What Happens If There’s an Objection?**
Should a teller read a state’s certificate, any lawmaker may object to that state’s vote based on any reasoning. However, the presiding officer will not acknowledge the objection unless it is documented in writing and backed by one-fifth of members from each chamber. This updated requirement raises the bar significantly compared to previous sessions, which permitted one senator and one member of the House to challenge a vote together. The 2022 law aimed to streamline objections, making it more challenging to propose them.
If an objection meets the required threshold, a recess will occur, and both the House and Senate will break into separate sessions to discuss it. For the objection to succeed, both chambers must agree with a simple majority vote. If not, the electoral votes will be counted without alteration. During the 2021 session, both chambers rejected several objections to the electoral votes from Arizona and Pennsylvania.
The last time an objection was seriously debated was in 2005, when Democratic representatives voiced concerns about Ohio’s electoral votes, alleging voting irregularities. This too was denied after both chambers discussed it and rejected it. Only twice have such objections taken place in history.
**What Follows After the Vote Count?**
Once Congress confirms the electoral results, the newly elected president will be inaugurated on the west front of the Capitol on Jan. 20. The joint session stands as the final opportunity for objections beyond any judicial disputes. Harris has acknowledged the election results and has not contested Trump’s victory.
