Post-election dates remain crucial on the election calendar.

The Inauguration Day vote verification process has undergone changes.

Post-election dates remain crucial on the election calendar.
Post-election dates remain crucial on the election calendar.

Despite the passing of Election Day, officials in each state must still finalize the vote tally. The process for this election has been altered due to the January 6th insurrection at the Capitol.

Before the Capitol riot on Jan. 6, then-President Donald Trump declared that his administration would never surrender or yield, stating, "We will never give up. We will never concede. It doesn't happen."

The Electoral Reform and Presidential Transition Improvement Act was included in Congress's government spending bill in December 2022. The bill made changes to the process of transferring presidential election results from the states to Congress. Both Republican and Democratic lawmakers supported the measure.

"President Biden expressed his satisfaction on Jan. 6, 2023, as Democrats and Republicans collaborated to pass the Electoral Reform Act. He emphasized that America is a nation of laws and not chaos, and a country at peace and not violence."

Pro-Trump supporters outside the U.S. Capitol
Protesters storm the U.S. Capitol following a rally with then-President Donald Trump on Jan. 6, 2021, in Washington, D.C. (Samuel Corum/Getty Images)

The new legislation updates laws that were enacted over 129 years ago. Following the 1876 election, both parties were accused of committing fraud. Republicans stuffed ballot boxes, while Democrats intimidated Black voters, who at the time largely supported the Republican Party. Both parties declared victory after fraudulent incidents were reported. Approximately 20 electoral votes were contested, but the Constitution did not provide any instructions on how to handle a contested election.

The Electoral Count Act of 1887 was passed by Congress a decade after the electoral commission decided each contested state in favor of Hayes. The law established a system for certifying elections, which remained unchanged until 2022.

According to Sen. Amy Klobuchar, D-Minn, there is a group of insurrectionists attempting to overturn the election based on an 1887 law from the Rutherford Hayes era that has not been updated.

I voted stickers
"I Voted" stickers sit on the table on the second day of early voting in the 2024 presidential election at the Board of Elections Loop Super Site in Chicago on Oct. 4, 2024. (KAMIL KRZACZYNSKI/AFP via Getty Images)

The 1887 law did not specify a strict deadline for states to certify their elector appointments or offer any instructions on how federal courts should handle disputes over a state's elector selection process.

Sen. Susan Collins, R-Maine, stated that the ambiguity and vagueness of the situation added to the confusion on Jan. 6.

Dec. 11

State Certification Deadline

The Electoral Reform and Presidential Transition Improvement Act has set a deadline for states to certify their appointment of electors, which must be completed six days before the electors meet to vote.

Dec. 16

Legal Challenges Deadline

The new law includes an expedited procedure for courts to resolve disputes over the state's appointment of electors. Any challenges must be addressed before the state electors meet.

Dec. 17

State Electors Vote

In each state, the Electoral College members gather to vote for the president and vice president.

Donald Trump
President-elect Donald Trump arrives to speak during an election night event at the Palm Beach Convention Center on Nov. 6, 2024 in West Palm Beach, Florida. (Chip Somodevilla/Getty Images)

Dec. 25

Electoral Votes Arrive

The president of the Senate and the archivist must receive the electoral votes no later than the fourth Wednesday in December.

Jan. 6

Congress Counts Electoral Votes

The process for counting votes on Jan. 6 has been clarified, with any objections to the votes required to be submitted in writing and signed by at least one-fifth of the House and one-fifth of the Senate.

During a hearing on the bill in September 2022, Senate Leader Mitch McConnell, R-Ky, stated that the Congress has options in case of an extraordinary circumstance but that an arms race or objections with little support should be avoided.

The 2022 language clarifies the role of the vice president in deciding the electoral count, even though the 1887 law did not explicitly state this.

"The Senate President has no authority to unilaterally decide, approve, reject, or settle disputes regarding the proper certification of elector appointments, the legitimacy of electors, or the validity of electoral votes."

by Bret Baier,Amy Munneke

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