The upcoming Joint Session of Congress on Monday marks a significant event in the American democratic process, the certification of the 2024 presidential election results. This quadrennial event, once a largely ceremonial affair, has transformed into a high-security event in the wake of the January 6th Capitol riot and the contentious certification of the 2020 election. Heightened security measures, including the erection of 10-foot fences around the Capitol complex, reflect the lingering concerns over potential disruptions and underscore the gravity of the occasion. This year, Vice President Kamala Harris will preside over the session, fulfilling her constitutional duty as President of the Senate, despite the inherent irony of overseeing the certification of her own electoral defeat.
The historical precedent of defeated vice presidents presiding over the certification of their successors’ victories is not uncommon. Richard Nixon, in 1961, certified John F. Kennedy’s win, and Al Gore, in 2001, certified George W. Bush’s victory following the highly contested 2000 election. These acts demonstrate the strength and resilience of American democracy, where even in defeat, the peaceful transfer of power is upheld. The 12th Amendment to the Constitution mandates this process, outlining the role of the President of the Senate in opening the electoral certificates and counting the votes in the presence of both the House and Senate. This joint session, a rare occurrence typically reserved for the State of the Union address and election certification, will be co-presided over by Vice President Harris and newly elected House Speaker Mike Johnson.
The atmosphere surrounding this year’s certification is markedly different from previous years. The events of January 6, 2021, have cast a long shadow, prompting heightened security measures and a sense of caution. Restricted access to Capitol buildings, limited pedestrian entry points, and the suspension of official tours reflect the ongoing security concerns. The process itself will follow established protocol, with tellers from the House Administration and Senate Rules Committees assisting in the tabulation of electoral votes. Vice President Harris will declare the authenticity of the certificates before the votes from each state are read aloud, detailing the number of electoral votes cast for each candidate.
The 2022 Electoral Count Reform and Presidential Transition Improvement Act, passed in response to the 2020 election controversies, has clarified and strengthened the process. This act explicitly defines the Vice President’s role as “ministerial,” removing any ambiguity about their authority to influence the outcome. It also streamlines the judicial process for resolving electoral disputes and raises the threshold for congressional challenges to a state’s electoral slate. These reforms aim to prevent future attempts to subvert the will of the voters and ensure a smoother, more transparent certification process.
The historical context of the Electoral Count Act reveals its origins in the disputed election of 1876. The lack of a clear process for tabulating electoral votes led to confusion and controversy, ultimately resulting in the election of Rutherford B. Hayes despite Samuel Tilden winning the popular vote. This contentious election underscored the need for a formalized process, leading to the passage of the Electoral Count Act in 1887. Subsequent challenges to electoral votes, such as in 2001 and 2005, further highlighted the importance of clear rules and procedures for resolving disputes.
In contrast to the tumultuous 2020 election certification, this year’s proceedings are expected to be relatively uneventful. The absence of any significant disputes over the election outcome and the enhanced security measures suggest a smoother and more expeditious process. Unlike the extended proceedings of 2021, which stretched into the early morning hours, this year’s certification is anticipated to conclude within an hour. Vice President Harris will formally declare Donald Trump the winner of the 2024 presidential election, paving the way for his second term, which will officially begin on January 20, 2025, with the swearing-in ceremony presided over by Chief Justice John Roberts.
