Ask Civics 101: What Role Does Congress Play in the Electoral College?

The Constitution requires Congress to meet and count electoral votes on January 6th. It’s the final step in a presidential election process that begins in early November when citizens cast ballots, continues as election officials count (and in some cases, recount) ballots through November, and progresses in December when the Electoral College meets to cast their votes. What happens on January 6th? Can the election results from November change?

 

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CPB:
Civics 101 is supported in part by the Corporation for Public Broadcasting.

Jacqui Fulton:
Election Day was ages ago. The Electoral College spoke. Each state certified their count with certificates of ascertainment. Finally,inauguration Day!

President Bush:
I, George Walker Bush, do solemnly swear that I will faithfully.

Jacqui Fulton:
Not so fast. I'm Jackie Fulton. Today on Civics 101, we're talking about the final, final, final step in our presidential election process, the certification of Electoral College votes by Congress.

Pelosi:
The House will be in order. Let me please clear the middle aisle.

Jacqui Fulton:
Normally certifying the Electoral College votes, just mundane housekeeping, Congress completing paperwork, boring. But every so often it's used as a chance for a last minute political theater like in 2016.

Representative:
I wish to ask, is there one United States senator who will join me in this letter?

biden:
There's no debate.

Jacqui Fulton:
Let's set the scene for this blockbuster event.

In a world where papers need to be pushed, will the United States Congress push those papers? The Senate packs up their lunch bills and takes a field trip to the House for a joint session of Congress.

CSPAN:
Vice President Cheney as president of the Senate, will chair this,

Jacqui Fulton:
Starring a vice president.

Cheney:
Pursuant to the Constitution and laws of the United States.

Jacqui Fulton:
Who silently reads poster sized certificates from 50 states and the District of Columbia, then hands the certificates over to a teller who tells everyone what they say.

Teller:
Mr. President, the certificate of the electoral vote of the state of Alabama seems to be regular in form an authentic and it appears therefrom that John McCain of the state of Arizona received nine votes for president and Sarah Palin of the state of Alaska received nine votes for vice president.

Jacqui Fulton:
But wait, someone has an objection.

Representative:
Mr. President, I object to the certificate from the state of Alabama on the grounds that the electoral votes were not under all of the known circumstances regularly given and that the electors were not lawfully certified.

Jacqui Fulton:
The objection has to be in writing.

biden:
Is the objection in writing.

Jacqui Fulton:
Signed by a member of the House and a member of the Senate,

biden:
Both member of the House of Representatives and a senator,

Jacqui Fulton:
If it is the House and Senate, retired to the respective chambers and for up to two Nail-biting hours discuss the objection.

Representative:
Given the confirmed and illegal activities engaged by the government of Russia designed to interfere with our election and the widespread violations of the Voting Rights Act.

Jacqui Fulton:
Then they vote.

Movie:
Who is with me? Let's go!

Jacqui Fulton:
It's all but certain to fail. This process has never succeeded in changing the outcome of its electoral college like ever.

biden:
Is it signed by Senator Obama,

Representative:
Signed by a member of the House, but not yet by a member of the Senate?

Cheney:
It is over.

Jacqui Fulton:
You'll be on the edge of your seat as the winner is declared.

Teller:
Barack Obama. The state of Illinois received 15 votes for president again, who received nine votes for president and again, four votes for president.

Jacqui Fulton:
Critics are raving.

biden:
The whole number of the electors appointed to vote for president of the United States is 538, of which a majority is 270.

Jacqui Fulton:
Will the United States Congress push those papers? Find out on January 6th every four years.

biden:
This announcement of the state of the vote by the president, the Senate shall be deemed a sufficient declaration and shall be entered together with a list of votes in the Journal of the Senate and the House of Representatives.

Movie:
Coming soon to theaters.

Jacqui Fulton:
If you've got questions, we've got answers. Just submit them at our website, civics101podcast.org.

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