Certification of the winner of the US Presidential Election is enormously complicated and excessively technical, as it is based on various legal and constitutional provisions. In such a situation, when the 2024 election is just in view, the process of formal declaration and its elaborateness is to be understood deeply. The process, right from voting to the certification of the President-elect, is enumerated here.
Voting and vote counting
On Election Day, millions of Americans either go to in-person locations to vote or mail in mail-in ballots. Immediately after the polls close, local election officials begin counting the votes. That process varies from state to state: some states begin counting their mail-in ballots before Election Day, and others at the time that the polls close. These are usually the first batch of returns to creep into the media but these counts are, at the very least, unofficial and can be altered as additional ballots are tabulated and counted.
State results certification
Each state has a canvassing board or similar board that certifies the election results through ensuring the vote count is accurate, and any discrepancies or challenges are resolved. It could be several days to weeks beyond Election Day before this would occur because state laws and volumes of ballots differ.
State certification deadlines
States are supposed to certify the results of their election before some dates. In California, this has to be done in 30 days after the election while in Florida it has to be done within 12 days. This variation of dates and finish within these dates is fundamental as the electoral vote of the state will then go into the next step.
The electoral college
After the state results are certified, the action moves to the Electoral College. Each state selects a slate of electors to be the number equal to their Congressional delegation (Senators plus Representatives). These electors are usually selected by the political parties and are pledged to vote for their party’s candidate. For more information on how the electoral college works Read this article, What is an electoral college, how does it work and what are the differences between popular vote and electoral vote in the United States?
Meeting of the electors
The electors meet in their respective state capitals on the first Monday after the second Wednesday in December to cast their votes for President and Vice President. This year that meeting will fall on December 16, 2024. The votes of the electors are then sealed and sent to the President of the Senate.
Counting electoral votes
The electoral votes are then ceremoniously counted in front of a joint session of Congress convened by the Vice President, acting in his role as President of the Senate. This usually occurs in early January of the year following the election. The Vice President is to open all the states’ certificates in alphabetical order and present them to the tellers, previously selected by the House and Senate, who read the results aloud.
Overcoming objections
Under this session, members of Congress may object to the electoral votes. Objection should be in writing, and signing by at least one member of the House and one Senator for it to be qualified. A qualified objection would mean retiring to their respective chambers to debate and vote on such objections by the House and Senate. This requires a majority in both chambers for them to uphold the objection.
Proclamation of the winner
When all objections are out of the way, and the electoral votes counted, the Vice President formally declares the winner of the Presidential Election. Such proclamation serves as the formal certificate of certification of the President-elect and Vice President-elect.
Transition period
When certification is declared, the President-elect becomes, in effect, his presidency to take place on Inauguration Day, January 20. Transition time is one of those times that are critical for the successful transfer of power in laying down the establishment of the new administration through security briefings and identification of policy imperatives.
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