Can members of Congress object to Electoral College results? (2024)
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 and the Electoral Count Reform and Presidential Transition Improvement Act of 2022, members of Congress may object to statewide election results or specific electoral votes in a particular state or the District of Columbia.
As a result of the Electoral Count Reform and Presidential Transition Improvement Act which President Joe Biden (D) signed into law in December 2022, the 2024 presidential election will be the first to use new rules for congressional objections to the vote count from a particular state or D.C. The new law raises the threshold for members of Congress to object to a state's electors to from one member from each chamber of Congress to one-fifth of the members of both the House of Representatives and the Senate.[1]
Once an objection is submitted, 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 three years in which members of Congress have submitted 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.[2]
In 2021, members submitted objections for six states. Two objections were formally presented by a Senate and House member:
- Arizona: The Senate voted against sustaining the objection to Arizona's electoral votes by a vote of 6-93. The House voted against sustaining this objection by a vote of 121-303.
- Pennsylvania: The Senate voted against sustaining the objection to Pennsylvania's electoral votes by a vote of 7-92. The House voted against sustaining the objection by a vote of 138-282.
Four states were counted following incomplete objections presented by a U.S. House member without a U.S. senator:
In 2025, which Congress would conduct this process?
Since new members of Congress are sworn in on January 3, 2025, the newly elected Congress conducts this process.[3]
See also
- What is the Electoral College?
- What are faithless electors in the Electoral College?
- What happens if there is a tie in the Electoral College?
- What does the Electoral Count Reform Act mean for the 2024 presidential election?
- What is the National Popular Vote Interstate Compact?
Footnotes
- ↑ Office of Susan Collins, "ELECTORAL COUNT REFORM ACT OF 2022," accessed August 12, 2024
- ↑ Congressional Research Service, "Counting Electoral Votes: An Overview of Procedures at the Joint Session, Including Objections by Members of Congress," December 8, 2020
- ↑ National Archives, "Electoral College Timeline of Events," accessed August 24, 2024
