Electing the President: From Election Day to the Joint Session

American elections have long been a model of freedom and fairness for democracies around the world, with a comprehensive system of checks and balances to ensure all votes are counted and election results are honored. The Electoral Count Reform Act (ECRA) is one critical safeguard that ensures our presidential elections run smoothly.  

Congress passed the ECRA in 2022, updating the antiquated Electoral Count Act. The 2024 election will be the first presidential election utilizing the ECRA’s updated rules for finalizing the presidential election.  

The ECRA lays out the process and timeline for electing the president and vice president from Election Day to the Joint Session of Congress. Importantly, it also closes some of the ambiguous gaps in the prior 1887 law that governed the presidential election process.  

The ECRA provides much needed clarity to the electoral count process by:

• Clarifying ​​that the governor must certify their state’s slate of electors ​​– unless another official is designated – ​and establishes a deadline for doing so.
• Provides an expedited process for federal courts to resolve disputes under the ECRA.  
• Clarifying the vice president’s role in the process.  
• Raising the threshold for members of congress to object to a state’s certified results.  

That is why it is so important that the public, media and elected officials alike are all informed about how the ECRA will work in practice.  

We explore CLC's report, Electing the President: From Election Day to the Joint Session, with the experts who wrote it. The report explains the timeline and procedures that will guide the presidential election process. We brought advocates and experts together to discuss the crucial role the ECRA will have in ensuring this year’s presidential election runs smoothly and took a deep dive into what the process will look like from 2024 forward.