Title 3, The PresidentRelease 119-102

§16 Same; Seats for Officers and Members of Two Houses in Joint Session

Title 3 › CHAPTER 1 — PRESIDENTIAL ELECTIONS AND VACANCIES › § 16

Last updated Aug 21, 2026|Official source

Summary

Provide set seats for the joint meeting to count electoral votes. The President of the Senate sits in the Speaker’s seat, the Speaker sits immediately to that left, Senators sit on the presiding officer’s right, Representatives take the remaining seats, the tellers with the Secretary of the Senate and the House Clerk sit at the Clerk’s desk, and other officers sit in front of that desk and beside the Speaker’s platform. The joint meeting must not end until the electoral votes are counted and the result is declared. No recess is allowed unless a question arises about counting or other matters under this subchapter; then either House, acting separately, may direct a recess not beyond the next calendar day, Sunday excepted, at the hour of 10 o'clock in the forenoon. If the counting and declaration are not completed before the fifth calendar day next after such first session, no further recess may be taken.

Full Legal Text

Title 3, §16

The President, Source: USLM XML via OLRC

At such joint session of the two Houses seats shall be provided as follows: For the President of the Senate, the Speaker’s chair; for the Speaker, immediately upon his left; the Senators, in the body of the Hall upon the right of the presiding officer; for the Representatives, in the body of the Hall not provided for the Senators; for the tellers, Secretary of the Senate, and Clerk of the House of Representatives, at the Clerk’s desk; for the other officers of the two Houses, in front of the Clerk’s desk and upon each side of the Speaker’s platform. Such joint session shall not be dissolved until the count of electoral votes shall be completed and the result declared; and no recess shall be taken unless a question shall have arisen in regard to counting any such votes, or otherwise under this subchapter, in which case it shall be competent for either House, acting separately, in the manner hereinbefore provided, to direct a recess of such House not beyond the next calendar day, Sunday excepted, at the hour of 10 o’clock in the forenoon. But if the counting of the electoral votes and the declaration of the result shall not have been completed before the fifth calendar day next after such first session of the two Houses, no further or other recess shall be taken by either House.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2022—Pub. L. 117–328 substituted “session” for “meeting” in section catchline and wherever appearing in text.

Reference

Citations & Metadata

Citation

3 U.S.C. § 16

Title 3, The President

Last Updated

Aug 21, 2026

Release point: 119-102