The House and Senate are set to meet in a Joint Session of Congress to certify the results of the 2024 presidential vote. Due to security concerns following the Capitol riot and disputes over the 2020 election, extensive security measures have been implemented, including the erection of large fences around the Capitol complex. Vice President Harris, who lost the race for the presidency, will preside over the session, a tradition that has been carried out by past vice presidents who have certified their own defeats. The 12th Amendment to the Constitution outlines the process for Congress to sign off on election results, which involves a Joint Session where the House and Senate meet together and the President of the Senate, in this case Vice President Harris, plays a central role.
Lawmakers made changes to the Electoral Count Act in late 2022, clarifying the role of the Vice President in the Joint Session of Congress. The updated law specifies that the Vice President’s role is ministerial and does not include the power to resolve disputes over electoral votes. The new law also established an expedited judicial process for handling electoral vote litigation and altered the process for challenging a state’s slate of electors during the Joint Session. Despite the changes to the law, there is no expectation of further challenges to the 2024 election results, as the outcome is not in dispute, and additional Congressional reviews are unlikely.
In past instances of vice presidents presiding over the certification of their own defeats, there have been moments of controversy and tension. In 2001, representatives attempted to challenge Florida’s slate of electors without a senate co-sponsor, leading to a tumultuous exchange on the House floor. However, the 2022 law made it more difficult to challenge a state’s electoral certificates, now requiring a significant number of House and Senate members to support the challenge. This year’s certification process is expected to proceed smoothly, with Vice President Harris announcing the results and officially declaring the winner of the 2024 election.
Past instances of vice presidents certifying their own defeats, such as Nixon in 1961 and Gore in 2001, have highlighted the unique position that the person who lost the race for the presidency finds themselves in during the certification process. The largely ceremonial process of certifying the Electoral College has undergone significant changes following the events of January 6, 2021, when the Capitol riot occurred. Security measures have been enhanced, and access to the Capitol complex restricted in anticipation of the certification of the 2024 election results.
The certification of the Electoral College results will take place in a Joint Session of Congress, with House Speaker Johnson co-presiding alongside Vice President Harris. The session is expected to proceed without disruptions or controversy, unlike previous instances where challenges to electoral votes led to debates and votes in both the House and Senate. With the outcome of the 2024 election clear and no disputes expected, the focus will be on completing the certification process efficiently and smoothly, as Vice President Harris announces the official results and concludes the Joint Session.
