A user’s manual to certifying the presidential election

The House and Senate will meet on Monday in a Joint Session of Congress to certify the results of the 2024 presidential vote.

The Capitol riot and contretemps over certification of the 2020 presidential election converted the quadrennial, often sleepy affair of certifying the Electoral College into a full-blown national security event. Congressional security officials began erecting 10-foot-high fencing around the outer perimeter of the Capitol complex over the past few days. Some of the fences extend beyond the usual “Capitol Square” which includes the Capitol building itself. One such fence was all the way around the outer boundaries of the Russell Senate Park.

One of the great ironies in the American political system is that the person who lost the race for the presidency often presides over their own defeat. In this case, Vice President Harris. Harris remains the Vice President until January 20. That also means she continues as President of the Senate. 

Others have performed this onerous task of certifying their own defeat. Future President Richard Nixon was Vice President when he lost to President John F. Kennedy in 1960. Nixon then certified JFK as the winner in January 1961. Former Vice President Al Gore ceded his election to President George W. Bush after the disputed 2000 election and tumult over which candidate actually won Florida. Gore was then at the Capitol to seal Bush’s victory in January 2001.

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Here’s what the 12th Amendment to the Constitution says about Congress signing off on the election results: “The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted.”

This dictates a Joint Session of Congress. This is where the House and Senate meet together, simultaneously, usually in the House chamber. The Speaker of the House presides alongside the President of the Senate: in this case, Vice President Harris.

But Harris kind of runs the show.

The House and Senate only meet in a Joint Session of Congress to receive the President for State of the Union and to certify the election outcome. And since the House successfully elected a Speaker on Friday afternoon, the House and Senate can convene the Joint Session….