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The Electoral College votes cast on December 18 must next be certified by Congress.
On or before January 6, 2001, the 107th U.S. Congress must meet in a joint session for the purpose of certifying the electoral votes cast by the Electoral College on Dec. 18, 2000. Approval of the electoral vote by Congress will officially "elect" the 43rd president of the United States. The 107th Congress will be sworn in on Wednesday, Jan. 3, 2001.
Note: Joint Resolution 55 has been proposed to hold this joint session on Friday, January 5, 2001, since January 6 falls on a Saturday.
The process by which Congress will consider the electoral votes is set out under Title 3, chapter 1, section 15 of the U.S. Code.
The vice president of the United States presides over the joint session. Since the new vice president will not be sworn in until Jan. 20, current Vice President Al Gore will preside and probably have the dubious honor of officially announcing George W. Bush to be the 43rd president. In 1989, George Bush (the elder) announced his own victory. In 1993, Dan Qualye announced his own defeat. You have your good days and your bad days.
Any
Objections?
Under 3 U.S.C. §15,
objections to the electoral vote must be called for and considered prior to
voting on final certification. Rules for objections are:
- Objections, in order to be considered, must be signed by at least one Senator and one Representative.
- There are two acceptable reasons for objections: (1) a dispute over the qualifications of the electors who cast those votes, or (2) the electors cast their votes for a candidate other than the one they were pledge to, called "faithless" electors.
When an objection is received, the joint session is suspended while each house meets and consider it separately.
Unless both houses of Congress agree to it, the objection fails and the votes count as cast. If both houses do agree, the objection stands and the disputed votes are not counted. In 1969, a Representative and a Senator objected in writing to counting the vote of an elector from North Carolina who had cast his vote for George Wallace and Curtis LeMay. Both houses rejected the objection.
A Contingent Election
If after the ballots are counted and any objections dealt with, no
candidate has a majority (now 270) of electoral votes, the 12th
Amendment to the Constitution requires that the House and Senate must
choose the president and vice president under a procedure formally called a
"Contingent Election."
In the Contingent Election, the House chooses the president while the Senate chooses the vice president. Yes, it is possible for the House and Senate to choose a president and vice president from different parties.
In the House, votes for president are cast by state, with each state getting one vote. A simple majority -- 26 states -- wins.
Thomas Jefferson, in 1801 and John Quincy Adams, in 1825, were both elected by the House. Adams was elected on the first vote, but it took 36 rounds of voting to elect Thomas Jefferson.
In the Senate, the vote for vice president is taken member-by-member. A majority -- 51 Senators -- wins. The Senate has elected a vice president only once before. It elected Richard Mentor Johnson, President Martin Van Buren's running mate, to be Vice President in 1837.
For the Record
Nationwide Popular Vote as of Dec. 12, 2000 -- One of the highest voter
turnouts ever. Congratulations!
| Candidate | Votes | Percent | Advantage |
| George W. Bush | 49,820,518 | 48% | |
| Al Gore | 50,158,094 | 48% | +337,576 |
Written by: Robert C. Longley
Date: 12/16/2000
URL: http://usgovinfo.about.com/library/weekly/aa121600a.htm
