Can members of Congress object to Electoral College results? (2020)

This article covers subjects specific to the 2020 general election. It has not been updated to reflect subsequent developments.
Click here for more information about our 2020 election coverage.

Ballotpedia's 2020 Election Help Desk

Use the buttons below to see Help Desk hubs for other years. 2022 »

Disputed results Presidential election lawsuits and recounts Post-election lawsuits

Frequently asked questions General questions Presidential election Processing/counting mail ballots Results and certification Disputing results • Officeholder transitions

Absentee/mail-in voting analysis Mail-in voting by state, 2016-2018 Mail-in rejection by state, 2016-2018 Uncalled races, 2018 When can states begin counting? Processing, counting, and challenging ballots

Voting in 2020 Absentee/mail-in voting • Early voting • Voter ID Poll opening and closing times Recount laws by state Recount margin requirements by state U.S. Supreme Court actions

Elections by state AlabamaAlaskaArizonaArkansasCaliforniaColoradoConnecticutDelawareFloridaGeorgiaHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaOhioOklahomaOregonPennsylvaniaRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahVermontVirginiaWashingtonWest VirginiaWisconsinWyomingSubmit

On January 6 of each year following a presidential election, Congress convenes a joint session to count electoral votes and confirm the result of the presidential election. Congress has the discretion to move the date of the session by law, as it did in 2013 when the joint session was held on January 4. In these sessions, according to the Electoral Count Act of 1887, members of Congress may object to statewide election results or specific electoral votes in a particular state or the District of Columbia.

Specifically, during the session one member of the U.S. House and one member of the U.S. Senate must submit a written objection after the body reads the vote count from a particular state or D.C.

Once a House member and Senator submit an objection, the two chambers of Congress separate to debate for two hours and to vote on whether to continue counting the votes in light of the objection. Both chambers must vote by a simple majority to concur with the objection for it to stand, otherwise the objection fails.

If both chambers of Congress affirm the objection and the objection results in no one candidate receiving the necessary 270-vote Electoral College majority, the 12th Amendment dictates a congressional process for selecting a president and vice president. The House of Representatives votes to elect the new president. As a bloc, members of the House cast one vote per state, choosing between the three candidates who received the most Electoral College votes. The Senate votes to elect the Vice President, casting one vote per senator.

Have members of Congress ever objected to a result?

Yes. Since the 1887 passage of the Electoral Count Act, there have been two instances of Congressional objections. In 1969, an objection was raised against the North Carolina vote due to the instance of a faithless elector, which was rejected 58-33 in the Senate and 228-170 in the House. In 2005 an objection was raised to the Ohio vote due to reported voting irregularities. This objection was rejected 74-1 in the Senate and 267-31 in the House.

In 2020, which Congress would conduct this process?

Since new members of Congress are sworn in on January 3, the newly elected Congress conducts this process. Following the 2020 elections, Democrats retained a majority in the House of Representatives. Republicans would control the Senate during this joint session, regardless of the results of the January 5 Georgia runoff elections since Vice President Mike Pence (R) would still be in office to act as a potential tie-breaking vote.

Next question: What are faithless electors in the Electoral College?

The 2020 election took place against a backdrop of uncertainty. Our readers had questions about what to expect in elections at all levels of government, from the casting of ballots to the certification of final results. Ballotpedia's 2020 Election Help Desk was designed to answer those questions.

More frequently asked questions about the 2020 election

Click on a question below to read the answer:

• General election information
  • Who runs elections in the United States?
  • Why do states have different election rules?
  • What methods do states use to prevent election fraud?
  • Do you have to vote for everything on your ballot?
  • What happens if you mark outside the lines or use the wrong pen/pencil?
  • What is a spoiled ballot?
  • What is a write-in candidate?
  • How can I check the status of my ballot?
  • Can I take a ballot selfie?

• Presidential election
  • What happens if a presidential candidate declares victory in the 2020 election before results are final?
  • Can presidential candidates win the election if they have already conceded?
  • What are the steps and deadlines for electing the President of the United States?
  • What happens if there is a tie in the Electoral College?
  • What are faithless electors in the Electoral College?
  • What happens if a presidential nominee becomes incapacitated before the election?
  • Can members of Congress object to Electoral College results?

• Processing and counting absentee/mail-in ballots
  • What is the life cycle of an absentee/mail-in ballot?
  • What happens if I vote by mail and want to change my ballot at a later date?
  • What happens if someone votes by mail and then tries to vote in person?
  • How do states protect and verify absentee/mail-in ballots?
  • How do election workers match signatures?
  • Are results reported on election night coming from in-person or absentee/mail-in votes?
  • Do states report how many mail-in/absentee ballots are outstanding on election night?
  • Do absentee/mail-in ballots take longer to count than in-person ballots?
  • What happens if someone votes by mail-in ballot or absentee ballot and subsequently passes away before Election Day?

• Disputing election results
  • How will election recounts work?
  • How close does an election have to be to trigger an automatic recount?
  • Can a candidate or voter request a recount?
  • Who pays for recounts and contested elections?
  • What are poll watchers?
  • What does it mean to challenge a voter's eligibility, and who can do it?
  • What is a redo election?
  • Who can file election-related lawsuits?
  • What are the reasons to call a redo election?
  • Who can call a redo election?
  • Can a redo be held for a presidential election?

• Election result reporting and certification
  • What happens if candidates declare victory in the 2020 election before results are final?
  • Can candidates win an election if they have already conceded?
  • How and when are election results finalized?
  • How do major media outlets declare winners?

• Transitions of power and taking office
  • Who is the president if election results are unknown by January 20, 2021?
  • Who serves in Congress if election results are unknown by January 2021?
  • Who serves in a state or local government if election results are unknown?
  • What happens if the winning presidential candidate becomes incapacitated before taking office?

• Articles about potential scenarios in the 2020 election
• U.S. Supreme Court actions affecting the November 3, 2020, general election

See also

• Elections calendar
• Electoral College
• Presidential election, 2020
• United States House of Representatives
• United States Senate

Related articles

• Congressional Research Service, "Contingent Election of the President and Vice President by Congress: Perspectives and Contemporary Analysis"
• Congressional Research Service, "Counting Electoral Votes: An Overview of Procedures at the Joint Session, Including Objections by Members of Congress"
• Fox News, "How Congress certifies Electoral College results: What to know"
• House Office of the Historian, "Electoral College & Indecisive Elections"
• Reuters, "Explainer: What happens if the U.S. election is contested?"
• The Washington Post, "How Trump allies in Congress can launch one more challenge to Biden’s win in January"