§15 Counting Electoral Votes in Congress

Summary

Congress must meet on January 6 after the electors have voted. The Senate and House meet in the House chamber at 1:00 p.m., and the President of the Senate runs the meeting. That officer only does routine duties while the joint session happens. Each chamber picks two tellers to handle the paperwork. The presiding officer opens each State’s certificate in alphabetical order starting with A and gives it to the tellers, who read it aloud. After each reading, the presiding officer asks for objections. Any objection must be written, signed by at least one-fifth of the Senators and one-fifth of the Representatives, and must say briefly which of two problems applies: either the State did not lawfully certify its electors under section 5, or one or more electors’ votes were not regularly given. If an objection is properly made, the two Houses separate and decide the question. An objection counts only if both Houses separately agree. Only votes from electors appointed under a section 5 certificate or lawful replacements under section 4 may be counted, and a regularly given vote must not be rejected unless both Houses sustain a qualifying objection. If a State’s counted electors are fewer than it is entitled to, or an objected certificate is sustained, the total number used to find a majority under the Twelfth Amendment is reduced by that number. The tellers make a list, the President of the Senate announces the result, and the announcement is entered in the House and Senate journals.