Joint Session of The United States Congress - Counting Electoral Votes

Counting Electoral Votes

The Twelfth Amendment mandates that the Congress assemble in joint session to count the electoral votes and declare the winners of the election. The session is ordinarily required to take place on January 6 in the calendar year immediately following the meetings of the presidential electors. Since the Twentieth Amendment, the newly-elected House declares the winner of the election. In elections before 1936, the outgoing House counted the electoral votes.

The meeting is held at 1:00 p.m. in the Chamber of the U.S. House of Representatives. The sitting Vice President is expected to preside, but in several cases the President pro tempore of the Senate has chaired the proceedings instead. The Vice President and the Speaker of the House sit at the podium, with the Vice President in the seat of the Speaker of the House. Senate pages bring in the two mahogany boxes containing each state's certified vote and place them on tables in front of the Senators and Representatives. Each house appoints two tellers to count the vote (normally one member of each political party). Relevant portions of the Certificate of Vote are read for each state, in alphabetical order. Members of Congress can object to any state's vote count, provided that the objection is supported by at least one member of each house of Congress. A successful objection will be followed by debate; however, objections to the electoral vote count are rarely raised, although it did occur during the vote count in 2001 after the close 2000 presidential election between Governor George W. Bush of Texas and the Vice President of the United States, Al Gore. Vice President Gore, who as Vice President was required to preside over his own Electoral College defeat (by five electoral votes), denied the objections, all of which were raised only by several House members and would have favored his candidacy, after no Senators would agree to jointly object. If there are no objections or all objections are overruled, the presiding officer declares the result of the vote and states who is elected President and Vice President. The Senators then depart from the House Chamber.

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