Election Day has come and gone, but state officials still have several key dates left to confirm the final vote count. This election process is different. Several changes were made due to the Jan. 6 riot at the Capitol.
On January 6, before protesters stormed the Capitol, then-President Donald Trump said, “We will never give up. We will never concede. That's not going to happen.”
When Congress passed the government spending bill in December 2022, it included the Election Reform and Presidential Transition Improvements Act. The bill included changes to the process by which presidential election results are transmitted from the states to Congress. Both Republican and Democratic lawmakers supported the bill.
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President Biden said on January 6, 2023, “I'm so happy to see Democrats and Republicans working together to pass the Election Reform Act,'' adding, “America is a country of laws and we don't want chaos.'' “It's a country of peace, not violence.”
Protesters storm the Capitol after a rally with then-President Donald Trump on January 6, 2021 in Washington, DC. (Samuel Corum/Getty Images)
The new law updates a nearly 130-year-old law. After the 1876 election, when Rutherford B. Hayes defeated Samuel Tilden, both parties were accused of fraud. Republicans stuffed ballot boxes and Democrats intimidated black voters, who at the time overwhelmingly supported Republicans. Both parties claimed victory after the fraud incident was reported. Approximately 20 electors were contested, but the constitution contained no guidance on how to handle contested elections.
The Board of Elections ultimately decided in Hayes' favor in each of the contested states, and about a decade later, Congress passed the Electoral Count Act of 1887. The law provided for a system for certifying elections, but was not changed until 2022.
“There's literally a group of insurrectionists trying to overturn an election based on a Rutherford Hayes-era 1887 law that hasn't been updated,” said Sen. Amy Klobuchar, D-Minnesota. Ta.
“I Voted” stickers are placed on a table during the second day of early voting for the 2024 presidential election at the Board of Elections Loop Supersite in Chicago, Oct. 4, 2024. (Kamil Krzazinski/AFP via Getty Images)
The 1887 law did not include strict deadlines for states to certify elector appointments or guidelines for how federal courts should resolve disputes over state elector appointments.
“It was vague and ambiguous and contributed to the confusion on January 6,” said Sen. Susan Collins (R-Maine).
December 11th
State certification deadline
The Election Reform and Presidential Transition Improvement Act currently sets deadlines by which states must certify their elector appointments. This must be done six days before the electors gather to vote.
December 16th
Deadline for legal challenge
The new law also includes an expedited process for courts to resolve disputes over state elector appointments. All challenges must be addressed before state electors meet.
December 17th
state electoral votes
Members of the Electoral College meet in each state to vote for president and vice president.
President-elect Donald Trump arrives to address an election night event at the Palm Beach Convention Center on November 6, 2024 in West Palm Beach, Florida. (Chip Somodevilla/Getty Images)
December 25th
Electoral votes have arrived
Electoral votes must be received by the President of the Senate and the Archivist no later than the fourth Wednesday of December.
January 6th
Congress tallies electoral votes
Congress is scheduled to count the votes again on January 6, but some clarifications have been made regarding the process. If any member opposes the vote, it must be submitted in writing and signed by at least one-fifth of the House of Representatives and one-fifth of the Senate.
During a hearing on the bill in September 2022, Senate Majority Leader Mitch McConnell (R-Ky.) said, “Congress still has options in case truly extraordinary circumstances arise. But we… “avoids an arms race and largely unsupported opposition.”
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While the 1887 law did not specify that the vice president could decide the number of electors, the 2022 language clarifies the vice president's role. It says:
“The President of the Senate shall have no authority to solely determine, accept, reject, or otherwise adjudicate or resolve the proper certification of the confirmation of the appointment of the electors, the validity of the electors, or the votes of the electors. ”
