WASHINGTON — The upcoming January 6th joint congressional session to count electoral votes is anticipated to be significantly less tumultuous than the 2021 certification, which was disrupted by violence.
This year, Donald Trump’s return to office follows his 2024 election victory against Vice President Kamala Harris. Harris will preside over the certification of her own defeat, fulfilling her constitutional duty, mirroring Mike Pence’s actions in 2021.
Typically a routine process, the January 6th joint session is the final step in confirming a presidential election following the Electoral College’s December vote. This constitutional requirement involves several key stages.
A look at the joint session:
What happens when Congress meets?
Federal law mandates that Congress convene on January 6th to open the sealed certificates from each state containing their electoral votes. These votes arrive in special mahogany boxes.
Bipartisan representatives from both chambers publicly read and officially count the results. The Vice President, as Senate President, presides and declares the winner.
The Constitution requires this electoral vote count. In the event of a tie, the House of Representatives decides, with each state delegation holding one vote. This hasn’t occurred since the 1800s and is unlikely given Trump’s decisive 312-226 victory.
How has it changed since the last time?
Congress strengthened certification rules following the 2021 violence and Trump’s attempts to influence the process.
Specifically, the revised 2022 Electoral Count Act more clearly defines the Vice President’s role after Trump urged Pence to object to the results – a significant overreach of Pence’s ceremonial function. Pence rejected Trump’s pressure and oversaw the announcement of his own defeat; Harris will follow suit.
The updated law clarifies that the Vice President lacks the authority to determine the outcome on January 6th.
Harris and Pence aren’t the first Vice Presidents to preside over their own electoral defeats. In 2001, Al Gore oversaw his loss to George W. Bush, and in 2017, Joe Biden oversaw Trump’s victory, dismissing objections lacking Senate support.
How does the session unfold?
The presiding officer presents the electoral vote certificates alphabetically by state.
Designated tellers from both the House and Senate, representing both parties, read each certificate, record, and count the votes. Finally, the presiding officer announces the winner.
What if there’s an objection?
Following the reading of any state’s certificate, a lawmaker may object, but only with a written objection signed by one-fifth of each chamber.
This threshold is significantly higher than before, making objections more difficult. Previously, a single Senator and Representative were sufficient.
If an objection meets the threshold (unlikely), the joint session suspends, and the House and Senate convene separately to consider it. Both chambers must approve the objection by simple majority for it to be sustained; otherwise, the original votes stand.
In 2021, both chambers rejected challenges to Arizona and Pennsylvania’s electoral votes.
Prior to 2021, the last objection considered was in 2005, when Rep. Stephanie Tubbs Jones and Sen. Barbara Boxer objected to Ohio’s votes, citing voting irregularities. Both chambers debated and easily rejected the objection.
Once Congress counts the votes, what’s next?
Following Congress’ certification, the President’s inauguration takes place on January 20th at the Capitol’s west front.
The joint session is the final opportunity for objections, outside of any legal challenges. Harris has conceded the election.