In stark contrast to numerous countries where leaders are elected through direct citizen voting, the United States operates under a unique electoral framework that allows a candidate to secure the popular vote yet fail to ascend to the nation’s highest office. Another distinguishing feature of the U.S. electoral system is the absence of an independent electoral commission, which is commonplace in most other democratic nations, that would oversee and certify the final vote count.
Step 1: Before Election Day
The election landscape in America is marked by a multitude of elected officials spanning state, local, and national levels, alongside various processes that govern how individuals ascend to these positions. My early foray into this fascinating world began when I was merely 8 years old, volunteering for my father’s school board campaign by campaigning door to door. Since then, I have participated in local, congressional, senate, and presidential races and now have the privilege to lead an academic research center focused on political dynamics.
The intricate and often perplexing certification process for presidential elections in the U.S. interweaves all 50 states and the District of Columbia with institutions including the Senate, House of Representatives, the National Archives, and the Office of the Federal Register. Additionally, this process is inextricably linked to the Electoral College, an extraordinary American institution that convenes in 51 distinct locations every four years specifically to elect the president.
This extensive process was intentionally crafted as a compromise by the Founding Fathers, reflecting their belief that the American populace shouldn’t directly select the president and vice president, while simultaneously withholding this responsibility from Congress.
The Constitution specifies that presidential elections in the United States take place on the first Tuesday in November every four years. Nevertheless, the machinery of federal elections begins in October when the Archivist of the United States, a presidential appointee tasked with upholding the nation’s critical official documents, dispatches a letter to each state’s governor.
The letter details their obligations concerning the Electoral College, which is more an intricate process than a physical location wherein electors, chosen by their respective parties, cast their votes for their party’s presidential candidate.
The Electoral College’s mechanism is quite complex, succinctly summarized as follows: American citizens vote for electors, and subsequently, these electors vote for the president. Only then is a winner publicly declared.
Step 2: After Election Day
Once the ballots have been meticulously counted—including in-person, mail-in, and provisional ballots—the governors across all 50 states prepare their state’s Certificate of Ascertainment, cataloging the electors for each competing candidate.
This year, in response to numerous lawsuits that challenged the results of the 2020 election, new procedures have been implemented to expedite disputes regarding a state’s Certificate of Ascertainment raised by an aggrieved candidate. Once finalized, copies of this Certificate are forwarded to the U.S. Archivist.
Afterward, each state’s Electoral College electors convene in their respective capitals—those from Washington, D.C., remain in D.C.—to formally cast their votes for president and vice president on the designated Tuesday following the second Wednesday in December. This year, that date will be December 17, 2024.
In diverse ways dictated by state law, each group of electors produces six Certificates of Vote, one of which is dispatched via registered mail to the President of the U.S. Senate, while another is sent to the Archivist of the United States. The remaining four copies are transmitted to state officials, thereby fulfilling the Electoral College’s obligations until the next presidential election.
Step 3: Congress meets
On January 6 each year, Congress assembles to count the electoral votes and confirm the results of the election.
With the current vice president acting as president of the Senate, Kamala Harris will oversee this pivotal counting process in 2025, reminiscent of the role Vice President Mike Pence played in January 2021 when Joe Biden was recognized as president-elect. States are called in alphabetical order to file their electoral votes.
While this procedure is generally considered ceremonial due to the media’s pre-election projections and typical concession speeches, it symbolizes an official moment of truth in the electoral process.
On January 6, 2021, an armed mob inspired by pro-Trump sentiments stormed the Capitol in an attempt to disrupt Congress’s certification of Biden’s victory. Tragically, the incident resulted in the deaths of five individuals and necessitated the evacuation of both chambers of Congress.
After several hours, lawmakers reconvened. It is within the vice president’s purview to announce the final electoral results and inquire if there are any objections. Following the violent events at the Capitol, the majority of Senate Republicans retracted their intentions to contest Biden’s victory, though there were six who did object.
Historical precedents for objections exist; in 2001, Democratic representatives attempted, albeit unsuccessfully, to challenge the contentious electoral votes from Florida, which had been pivotal for George W. Bush.
However, such objections are difficult to sustain as they require backing by both a House and a Senate member before being voted upon by both chambers of Congress. Recent legislation implemented in 2022 has further tightened the requirements, resulting in the necessary backing of 20 senators and 87 House members for any challenge against a state’s Electoral College certification.
Ultimately, it was Pence’s responsibility, as Senate president, to declare Biden the next president of the United States. He fulfilled this constitutional duty amid overwhelming pressure from Trump to undermine the democratic process.
After the final Senate certification of the election results, all Certificates of Ascertainment and Certificates of Vote are made available for public scrutiny at the Office of the Federal Registrar for a duration of one year, subsequently transferred to the National Archives for permanent preservation.
This enables those who challenge the outcome of a U.S. election to verify the tabulations independently.
What happens in a tie?
In the rare instance that the Electoral College results in a tie, the House of Representatives convenes to elect the nation’s president. A historical case in point is how John Quincy Adams was elected president in 1824 after a contentious electoral battle.
This complex process, established almost 250 years ago, is a cornerstone of American democracy. While many critics question its relevance in representing the citizens’ will in contemporary America, it remains the operational system that will dictate the presidential race outcome in 2024, albeit with some adjustments.
**Interview with Dr. Emily Richards, Political Scientist and Director of the Center for Political Dynamics**
**Interviewer:** Thank you for joining us today, Dr. Richards. There’s a lot of discussion around the Electoral College, especially with the upcoming presidential election. To start, can you explain why the U.S. uses the Electoral College instead of a direct popular vote for electing the president?
**Dr. Richards:** Thank you for having me! The Electoral College was established by the Founding Fathers as a compromise. They feared that a direct democracy could lead to mob rule, where the majority could impose its will on the minority. By creating the Electoral College, they allowed for an intermediary system where electors, chosen by their respective political parties, cast votes for presidential candidates. This system aims to balance the influence of populous states with less populated regions.
**Interviewer:** That’s interesting. You mentioned that the United States is one of the few countries that does not have an independent electoral commission overseeing the elections. How does this impact the election process?
**Dr. Richards:** The absence of an independent electoral commission means that each state manages its own election processes, including vote counting and certification. This can lead to inconsistencies across states and raise concerns about transparency and integrity. For example, different states may have varying procedures for mail-in ballots or provisional votes, which can complicate the election landscape.
**Interviewer:** Can you walk us through the certification process after Election Day? It seems to be a complex procedure.
**Dr. Richards:** Absolutely. After Election Day, governors of each state prepare a Certificate of Ascertainment, which lists the electors for each candidate based on the vote count. This year, new procedures have been introduced to expedite disputes regarding these certificates, especially given the controversies from the 2020 election. Once finalized, these certificates are sent to the U.S. Archivist. On the designated Tuesday in December, the electors from each state convene to cast their votes for president and vice president. This culminates in the formal transmission of the electoral votes.
**Interviewer:** January 6th has become a significant date in American electoral history, especially after the events in 2021. How does Congress factor into the electoral process on this day?
**Dr. Richards:** On January 6, Congress meets to count the electoral votes. This is technically a ceremonial process, but it holds immense symbolic importance as it’s the official moment when the results of the electoral votes are confirmed. Unfortunately, the events of January 6, 2021, where an armed mob stormed the Capitol, have overshadowed this ritual. Now, additional protections and stricter rules have been put in place to prevent any disruptions to this constitutional obligation.
**Interviewer:** There’s a growing sentiment among some citizens to reform or abolish the Electoral College. What do you think the implications of such changes would be?
**Dr. Richards:** Changing or abolishing the Electoral College would significantly alter the American political landscape. Supporters argue that a direct popular vote would better reflect the will of the people, while critics worry it could lead to candidates focusing solely on populous urban areas and neglecting rural interests. It’s a contentious debate, and any reforms would need to carefully consider these factors and the historical context in which the Electoral College was created.
**Interviewer:** Thank you, Dr. Richards, for your insights into the Electoral College and the complexities of the electoral process in the U.S. It’s clear that it’s a topic that demands ongoing discussion as we approach the next election.
**Dr. Richards:** Thank you for having me! It’s crucial for citizens to stay informed and engaged in discussions about our electoral system.
