The Jan. 6 presidential election certification is a must-attend event for Harris, regardless of the outcome.

One of the most contentious days in US history was the last Electoral College certification.

The Jan. 6 presidential election certification is a must-attend event for Harris, regardless of the outcome.
The Jan. 6 presidential election certification is a must-attend event for Harris, regardless of the outcome.

It is uncertain whether Vice President Kamala Harris or former President Trump will secure the presidency this autumn.

But there are two things we do know:

The 2024 presidential election is expected to be close, and regardless of the outcome, Vice President Kamala Harris will preside over the certification of the Electoral College results in a joint session of Congress on January 6, 2025.

She’s required to do so.

Kamala Harris, Donald Trump split
The House and Senate will convene a joint session of Congress on Jan. 6, 2025, to certify whether Vice President Kamala Harris or former President Trump won the 2024 presidential election. (Andrew Harnik/Getty Images | Brandon Bell/Getty Images)

The electoral vote on January 6th is the quadrennial responsibility of the House and Senate. This date was highly controversial four years ago, resulting in a riot and becoming one of the darkest days in American history. The usually peaceful and ceremonial process of tabulating and signing off on the electoral vote has now become a major national security event, similar to the State of the Union. Despite this, the possibility of controversy over the certification process on January 6th next year may gain momentum due to the fact that Kamala Harris is the presumptive Democratic nominee and will be present on the dais for her defeat or victory.

The upcoming meeting of Congress to certify the Electoral College on Jan. 6, 2025, adds to the already volatile political climate. This is particularly true since Trump's official win or loss on that day will further exacerbate the situation.

The vice president presides over joint sessions of Congress and serves as president of the Senate. These special parliamentary events occur only during the president's State of the Union address and the certification of Electoral College results.

Joint meetings of Congress are sometimes attended by vice presidents, but they are not the same as those held by the House of Representatives. During these meetings, lawmakers receive foreign dignitaries. Notably, Vice President Kamala Harris did not preside over a joint meeting of Congress for Israeli Prime Minister Benjamin Netanyahu last month.

The speaker of the House is always the lead figure of that body and the constitutional officer of the legislative branch of government.

Pro-Trump rioters swarm the U.S. Capitol building on Jan. 6, 2021
Protesters loyal to President Trump rally at the U.S. Capitol on Jan. 6, 2021. (AP Photo/Jose Luis Magana, File)

The identity of the person who will join Harris on the dais for the Electoral College certification next year is uncertain. This depends on which party wins the House. According to the Constitution, the new Congress begins on January 3 at noon and must first elect a speaker. If Republicans maintain control, it is likely that House Speaker Mike Johnson, R-La., will be reelected. If Democrats gain control, they are expected to choose House Minority Leader Hakeem Jeffries, D-N.Y., as speaker.

The certification of the electoral vote is scheduled for Jan. 6, allowing the new Congress to prepare for a few days after it begins on Jan. 3. Additionally, Congress must certify the election on Jan. 6 to ensure there is enough time to prepare for the inauguration of the president, which takes place at noon on Jan. 20.

It is not unusual for a vice president who has a personal stake in the outcome to preside over the Electoral College certification joint session of Congress. Vice President Richard Nixon presided over his own re-election alongside President Dwight Eisenhower in the January 1957 joint session. Nixon was also vice president for the January 1961 session, watching himself lose to President John F. Kennedy. Vice President Hubert Humphrey was the Democratic nominee in 1968. So he co-presided over the joint session in January 1969 when Nixon finally ascended to the presidency.

In 1981, Vice President Walter Mondale presided over the defeat of President Jimmy Carter and himself by President Ronald Reagan in the joint session. Four years later, Vice President George H.W. Bush oversaw his own re-election as president in January 1985. However, things took a turn for the worse for former Vice President Dan Quayle in January 1993 when he co-moderated the loss of Bush and himself to President Bill Clinton in the joint session.

In 1997, Vice President Al Gore presided over his own re-election alongside President Bill Clinton. However, in 2001, Gore found himself presiding over his own defeat to President George W. Bush during the election of 2000, one of the most contentious in U.S. history. During the joint session, members of the Congressional Black Caucus attempted to contest the slate of electoral votes from Florida, where Gore famously lost. Despite their efforts, none of the House members had a Senate co-sponsor to challenge the Florida vote.

joe biden and barack obama smiling together
Joe Biden presided over the Electoral College certification for President Barack Obama’s re-election in January 2013. (Brendan Smialowski/AFP via Getty Images)

Rep. Maxine Waters, D-Calif., was among those advocating for a debate on Florida's electoral voters. Gore inquired if Waters had a Senate petitioner.

Waters responded by stating that she did not care.

Gore famously cut off Waters with a magnanimous line which drew applause.

"The rules do care," observed Gore.

In January 2005, Vice President Dick Cheney was present for the re-election of President George W. Bush and himself. Nevertheless, there was a legitimate challenge to the Ohio slate of electors by Sen. Barbara Boxer and Rep. Stephanie Tubbs Jones.

Biden served as President Barack Obama's vice president in January 2013 and later helped oversee the transition of power to Donald Trump in January 2017.

We are aware of the efforts made by Trump supporters to persuade former Vice President Mike Pence on January 6, 2021.

In January 2025, the Electoral Count Act, which governed the electoral certification process, underwent significant changes. The most significant change was a clarification that the role of the vice president is only ceremonial. Lawmakers wanted to make it clear that the vice president lacked the power to accept or reject certain slates of electors. Additionally, the new law made it more difficult for lawmakers to challenge a state's electoral slate. Before, it only required a sole House member and senator to join a petition. However, the current statute raises the bar to one-fifth of each chamber to contest a state's electoral ballots.

Regardless of the outcome, Harris' role is limited to appearing.

The presence of the Democratic standard-bearer on the ballot during her own election or loss intensifies the nature of the proceeding, especially after what we witnessed four years ago.

by Chad Pergram

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