Every four years in November, Americans head to the polls to elect a president and vice president of the United States. But what happens between the time everyone’s votes are cast and when the next president takes the oath of office on Jan. 20? A federal law, the Electoral Count Reform Act (ECRA), lays out the procedures for finalizing the election during this period.
CLC’s latest report, Electing the President: From Election Day to the Joint Session — released with Protect Democracy and Bipartisan Policy Center — provides illuminating insight into the postelection process under the ECRA.
The 2024 election will be the first presidential election utilizing the ECRA’s updated rules for finalizing the presidential election. In 2022, Congress passed the ECRA with bipartisan support, updating the antiquated Electoral Count Act (ECA) of 1887. This new law now outlines how voters’ ballots are translated into electoral votes, which are then counted by Congress to determine the winner of the presidential election.
The ECRA lays out a specific and detailed timeline for electing the president and vice president that starts on Election Day and ends at the Joint Session of Congress. Importantly, it addresses ambiguities in the prior ECA, which governed the presidential election process for more than 130 years.
The ECRA clarifies the timeline and process for casting and counting electoral votes by:
- Requiring states to appoint electors on Election Day in accordance with preexisting law to prevent state legislatures from subverting the will of the voters.
- Clarifying that the governor must certify their state’s slate of electors — unless another official is designated — and establishes a deadline for doing so.
- Providing an expedited process for federal courts to resolve disputes about a state’s certification of electors under the ECRA.
- Clarifying the vice president’s role in the process when Congress meets to count each state’s electoral votes.
- Raising the threshold for members of Congress to object to a state’s certified election results.
Ahead of the 2024 election, it is important that the public, media and elected officials alike are all informed about how the ECRA will work in practice. That is why CLC’s report, Electing the President, comprehensively describes this process and legal framework.
Below is the timeline for electing the president and vice president under the ECRA.
Nov. 5, 2024: Election Day
On Election Day, Nov. 5, 2024, voters choose their electors who will act on their behalf in the Electoral College. On this day, people’s votes begin to be translated into electoral votes for the Electoral College.
- In the event of a true emergency such as a natural disaster, the period for casting votes can be extended under the ECRA.
Dec. 11, 2024: state certification deadline
After Election Day, state and local officials work together to canvass and certify election results. States must complete their postelection procedures by Dec. 11, 2024, which is when the ECRA requires governors — unless another official is designated — to certify a slate of electors that will represent their state in the Electoral College.
- If there are any disputes over a state’s certification of electors, the ECRA enables candidates to go to federal court to resolve this dispute on an expedited timeline.
Dec. 17, 2024: the Electoral College meets
On Dec. 17, electors will meet to take part in the Electoral College and cast their state’s electoral votes for president and vice president.
Jan. 6, 2025: Congress holds its Joint Session.
On Jan. 6, 2025, the U.S. House of Representatives and the Senate meet in a Joint Session to count the electoral votes from each state, consider any objections, and finalize the election of the president.
Campaign Legal Center, Protect Democracy and Bipartisan Policy Center proudly authored the recent report, Electing the President: From Election Day to the Joint Session, which further details the legal framework for electing the American president.
The ECRA provides an important safeguard in ensuring our elections are safe, secure and accurate.