Counting Electoral Votes: An Overview of Procedures at the Joint Session, Including Objections by Members of Congress
Electoral Vote Timetable and Subsequent Action
Congress established the timetable for certification, transmission, review, and approval of the electoral votes to avoid a repetition of the extraordinary delay incident to the electoral vote controversy surrounding the 1876 presidential election. In the event that no candidate has received a majority of the electoral votes for President, the election is ultimately to be decided by the House of Representatives in which the names of the three candidates receiving the most electoral votes for President are considered by the House, with each state having one vote. In the event that no candidate receives a majority of the electoral votes for Vice President, the names of the two candidates receiving the highest number of electoral votes for that post are submitted to the Senate, which elects the Vice President by majority vote of the Senators. The development and current practices for election of the President and Vice President by Congress specified in the Constitution and law are discussed in detail in CRS Report RL32695, Election of the President and Vice President by Congress: Contingent Election, by Thomas H. Neale.
Author Information
| Elizabeth Rybicki, Coordinator Specialist on Congress and the Legislative Process |
L. Paige Whitaker, Coordinator Legislative Attorney |
Acknowledgments
The original version of this report was co-authored by Stanley Bach, formerly a CRS Senior Specialist on Congress and the Legislative Process, and Jack Maskell, formerly a CRS Legislative Attorney. The listed coordinators are available to answer questions on the subject from congressional clients.
Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff to congressional committees and Members of Congress. It operates solely at the behest of and under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other than public understanding of information that has been provided by CRS to Members of Congress in connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or material from a third party, you may need to obtain the permission of the copyright holder if you wish to copy or otherwise use copyrighted material.
