WASHINGTON — As the congressional joint session approaches on Monday to officially count the electoral votes, expectations are that this event will be far less tumultuous than the certification process seen four years ago. That session was marred by a violent uprising from supporters of then-President Donald Trump, who sought to disrupt the proceedings and overturn the results of the election he lost to Democrat Joe Biden.
This time, Trump is poised to take back the presidency after securing victory in the 2024 election. The race began with Biden as the Democratic nominee and concluded with Vice President Kamala Harris at the helm of the ticket. Harris will now preside over the certification of her own loss, fulfilling her constitutional responsibilities, reminiscent of how Mike Pence, Trump’s vice president, conducted himself after the upheaval on January 6, 2021.
Typically, the joint session of Congress held every four years on January 6 is a straightforward affair, serving as the final confirmation of a presidential election following the Electoral College’s official vote in December. This constitutional requirement involves specific procedures designed to ensure transparency and order.
Here’s a closer look at what to expect during the joint session:
Under federal law, Congress must convene on January 6 to unseal certificates from each state that detail their electoral votes. These votes are presented in specially designated mahogany boxes for the session.
Representatives from both parties in both chambers will read the results aloud and conduct an official tally. The vice president, who also serves as the president of the Senate, will preside over the session and announce the election’s outcome.
The Constitution requires Congress to convene to count the electoral votes. If a tie were to occur, the House of Representatives would decide the presidency, with each state delegation casting one vote. However, such an eventuality hasn’t happened since the early 1800s and seems unlikely this time, given Trump’s clear electoral victory over Harris, with a tally of 312-226.
What has changed since the last session?
Following the violence of 2021 and Trump’s attempts to disrupt the certification process, Congress has tightened its regulations surrounding the certification.
A significant update is the revised Electoral Count Act, enacted in 2022, which clarifies the vice president’s role during this process. This adjustment came after Trump pressured Pence to challenge the election results—an act that would have gone beyond Pence’s ceremonial duties. Ultimately, Pence resisted Trump’s pressure and recognized his defeat. Harris will similarly carry out her responsibilities.
The new legislation makes it clear that the vice president does not have the authority to change the results on January 6.
Harris and Pence are not alone in finding themselves in the uncomfortable position of overseeing their own electoral defeats. In 2001, Vice President Al Gore presided over the counting of the 2000 presidential election, which he narrowly lost to Republican George W. Bush, and had to dismiss several objections from fellow Democrats.
In 2017, Biden, as vice president, oversaw the session that confirmed Trump’s election win, rejecting objections from House Democrats that lacked Senate support.
How will the session proceed?
The session will begin with the presiding officer presenting electoral vote certificates in alphabetical order by state.
Designated tellers from both the House and Senate, representing both political parties, will read each certificate aloud and record the votes. At the end of the session, the presiding officer will announce the candidates who have received the majority of votes for both president and vice president.
What happens if there’s an objection?
If a teller reads the certificate for any state, any lawmaker can raise an objection to that state’s votes on any grounds. However, for the objection to be considered, it must be submitted in writing and signed by one-fifth of both chambers.
This requirement raises the bar compared to previous sessions, where only one member from each chamber was needed to support an objection. The 2022 law has made it more difficult to challenge the process.
If an objection meets this threshold—though it is not expected this time—the joint session would pause, and the House and Senate would separate to deliberate. For the objection to be successful, both chambers must approve it by a simple majority vote. If they do not agree, the original electoral votes will be counted as they are.
In 2021, both chambers dismissed challenges to the electoral votes from Arizona and Pennsylvania.
Before 2021, the last notable objection occurred in 2005, when Rep. Stephanie Tubbs Jones of Ohio and Sen. Barbara Boxer of California, both Democrats, objected to Ohio’s electoral votes,