The certification of votes for the elected president of the United States is a crucial step in the American electoral process, officially confirming the election of the new president and vice president of the country. This ceremony takes place during a joint session of Congress, comprising the House of Representatives and the Senate, and serves to ratify the votes of the Electoral College, which are the final, decisive votes for the election of the president.
This process, deeply rooted in the traditions and constitutional provisions of the United States, ensures that the winner of the election is legally validated. The certification of electoral votes aims to guarantee that the electoral process has been conducted according to the rules and that the new president will assume office legally and formally. To understand the significance and details of this ceremony, it is necessary to explore the electoral context leading up to the certification and the crucial role of Congress in this procedure.
Before the certification day, there are several important stages in the American electoral process. After Election Day, which occurs on the first Tuesday of November in each election year, citizens across the country cast their votes. The 2024 presidential election took place on November 5, and the vote counting begins immediately, with results being tabulated over the following weeks. However, the final certification of the actual winner is determined by the votes of the Electoral College.
By December 11, U.S. states must formalize their results and ratify the popular vote, a procedure carried out through the so-called Certificates of Ascertainment. These certificates, issued by state governments, confirm the results of the popular vote and ensure that the counting process was conducted properly.
On December 17, the electors from all 50 states and the District of Columbia gather. Each state meets to officially record the votes of its Electoral College delegates, the group of 538 delegates responsible for choosing the president and vice president. These delegates are allocated according to each state’s number of representatives and senators, which reflects the population and political representation of each region. Each delegate votes according to the outcome of their state’s general election, and the results of the meeting are sent to Congress for final certification.
Once the states confirm their electoral results and the votes of the Electoral College are recorded, the United States Congress takes on the responsibility of officially ratifying the winner of the election. This process occurs during a joint session of the Senate and House of Representatives on January 6 of the year following the election, at the Capitol in Washington, D.C. In 2025, the session will take place on January 6 and will validate the election of Donald Trump as president of the United States.
The United States Constitution, in Article II, Section 1, and the 12th Amendment, details how this certification ceremony should take place. According to the Constitution, the session begins at noon, with Senators and Representatives gathered in the House Chamber to read the results of the Electoral College. This event is presided over by the vice president, who holds the position of President of the Senate. Currently, the vice president is Kamala Harris, who will preside over the ceremony, even though she herself was defeated in the 2024 presidential election.
During the certification ceremony, four members of Congress – two senators and two members of the House of Representatives – are chosen to serve as tellers. These tellers are responsible for counting and verifying the Electoral College votes to ensure the procedure complies with the Constitution and established electoral rules. The votes of the delegates are read by state, and the results are recorded. After the counting, the President of the Senate announces the final results.
The fact that Vice President Kamala Harris will preside over the certification session in 2025 is significant. The ceremony will be presided over by a vice president who, paradoxically, was defeated in the presidential election in which Donald Trump was elected. This type of situation is not unprecedented in U.S. history. In 2001, Vice President Al Gore, also defeated in the 2000 presidential election, presided over the certification session that confirmed George W. Bush’s victory.
The presence of a defeated vice president to preside over the certification ceremony exemplifies the impartial and constitutionally grounded nature of this process, highlighting that the position of President of the Senate is separate from the presidential election and not directly linked to the election outcome.
Although the certification ceremony is largely formal and aims to confirm the election of the new president, there is a possibility of objection to the results. According to the Constitution, any member of Congress – whether a representative or senator – can contest the votes of a specific state. However, for the objection to be considered valid, it must be presented in writing and signed by at least one senator and one representative. This means that an objection requires bipartisan support to be formally considered.
If an objection is raised, the certification session is temporarily suspended, and both Houses of Congress separate to discuss the objection independently. If the objection is approved by a simple majority in both Houses, the electoral vote of the contested state may be annulled. It is worth noting that, to date, there has never been an objection that has led to the annulment of a state’s electoral votes. This procedure is rarely used because objections must be based on substantial evidence of fraud or error in vote counting.
After the counting and resolution of any objections, the President of the Senate officially declares the election results. The final announcement of the results is of great legal importance, as it is considered the official declaration of who has been elected president and vice president of the United States. From this moment, the transition of power begins, and the new president assumes office on January 20 of the following year during the inauguration ceremony.
The certification of votes in Congress is a crucial moment in American democracy. It is not just a technical procedure but a process that ensures the legitimacy and constitutionality of the electoral system. Although objections and disputes can create tension, the certification system is designed to ensure that the winner of the election is determined according to the popular will, reflected through the votes of the Electoral College. January 6, 2025, will be an important milestone, formalizing Donald Trump’s victory and reaffirming the United States’ commitment to the democratic principles established by the Constitution.
