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Certifying the 2024 Election: A Look at the Process and Changes Since 2021

The House and Senate will convene on Monday for a Joint Session of Congress, a now high-security event, to formally certify the 2024 presidential election results. This quadrennial process, once a routine affair, has taken on new significance since the events of January 6, 2021. Increased security measures, including fencing around the Capitol complex, reflect the heightened concerns.

Vice President Harris, presiding over the certification, will fulfill the sometimes awkward duty of overseeing the victory of her opponent. This historical precedent has been witnessed before, with figures like Richard Nixon and Al Gore performing the same function after their respective defeats.

Capitol Dome 119th Congress

The 12th Amendment outlines the Congressional role in this process, mandating a Joint Session where the President of the Senate (the Vice President) opens the certificates and the votes are counted. Speaker of the House Mike Johnson will join Vice President Harris in presiding over the session.

This year's proceedings differ significantly from four years prior. The 2021 Capitol riot transformed the certification process from a ceremonial event into a moment of national security concern.

Speaker Mike Johnson giving press conference and speech with gavel

The process will begin with Speaker Johnson calling the House to order. The Sergeant at Arms will then announce the arrival of the Vice President and Senators. Members of key committees will act as tellers, assisting in the vote count. The Vice President will declare the certificates authentic and the tellers will read each state’s results, beginning with Alabama.

Following the disputed election of 1876, Congress enacted the Electoral Count Act. This legislation was further amended in 2022 to clarify the Vice President's role, emphasizing its ministerial nature and limiting their ability to influence the outcome. The updates also streamlined legal challenges and modified the process for Congressional disputes of electoral slates.

samuel tilden-hayes

Previously, a single House member and Senator could challenge a state’s electors. The 2022 law now requires one-fifth of the House and one-half of the Senate to initiate a challenge. This higher threshold aims to reduce the potential for frivolous objections.

Johnson after last votes last week

Unlike 2021, the 2024 election results are not contested, and no significant disruptions are expected during the certification. The process is anticipated to conclude within approximately an hour, with Vice President Harris formally declaring Donald Trump the winner and dissolving the Joint Session.

U.S. Representatives of the 119th Congress

Two weeks later, Chief Justice John Roberts will administer the oath of office to Donald Trump, marking the beginning of his second term.