With uncommon exceptions, just like the 2000 presidential election, the profitable candidate normally declares victory on election evening. However the win isn't truly licensed till January. ranklin McMahon/CORBIS/Corbis through Getty Pictures

With the U.S. presidential election quickly approaching at a time of extraordinary political and social disruption, the potential of an unclear or contested result’s coming underneath scrutiny.

Not like many different international locations, the place the president or prime minister is chosen by direct common vote, within the U.S., a candidate might win the favored vote and nonetheless not be elected to the nation’s highest workplace. The U.S. additionally differs from most different democracies in that it has no impartial electoral fee to certify the ultimate vote rely.

So who truly confirms the winner?

Step #1: Earlier than Election Day

American democracy has many elected officers – state, native and nationwide – and plenty of processes for stepping into workplace.

I’ve been engaged on election campaigns since I used to be eight years outdated, when my dad ran for college board and I went door to door asking individuals to vote for him. I’ve additionally labored on native, congressional, senate and presidential races and now direct an instructional analysis middle on politics.

What’s placing is that each race is totally different, from deadlines and submitting course of to certification. Right here, I’ll focus right here on the presidential race.

The weird and sophisticated presidential election certification course of within the U.S. entwines all 50 states and the District of Columbia, the Senate, Home of Representatives, the Nationwide Archives and the Workplace of the Federal Register. It additionally entails the Electoral School – a uniquely American establishment that convenes in 51 separate places as soon as each 4 years to choose the president.

Licensed presidential election outcomes are saved in perpetuity on the Nationwide Archives.

UpstateNYer through Wikimedia Commons, CC BY-SA

This four-month course of was customized as a compromise by the Founding Fathers, who didn’t consider the American individuals ought to straight select the president and vp however didn’t wish to give Congress the ability of choice, both.

The Structure declares that American presidential elections happen on the primary Tuesday in November, each 4 years. However the federal election course of truly begins in October, when the Archivist of america – a presidential appointee answerable for sustaining the federal government’s most necessary official paperwork – sends a letter to the governor of every state.

The doc outlines their obligations concerning the Electoral School, which isn’t a spot however a course of by which electors – people who find themselves chosen by their social gathering – vote for his or her social gathering’s presidential candidate.

The equipment of the Electoral School is sophisticated, however in brief People vote for electors and the electors vote for the president. Then, the winner is asserted – proper?

Learn extra:

How is the American President elected?

Step #2: After Election Day

Not fairly.

As soon as a remaining tally of voters’ in-person, mail-in and provisional ballots has been concluded, all 50 governors put together their state’s Certificates of Ascertainment, a doc itemizing their electors for the competing candidates.

Every state completes that course of at its personal fee. This yr, due to the pandemic, finalizing the electoral vote rely will seemingly take so much longer. As soon as accomplished, copies of the Certificates of Ascertainment are then submitted to the U.S. Archivist.

After the governor submits names to the Archivist, every state’s Electoral School electors meet within the state capital – D.C.‘s meet in D.C. – to formally solid their votes for president and vp on the primary Monday after the second Wednesday in December. This yr, that’s Dec. 14, 2020.

In ways in which range state by state, every state’s electors then prepares six Certificates of Vote, that are despatched by registered mail to the President of the U.S. Senate and the Archivist of america. The remaining 4 certificates are despatched to state officers.

That fulfills the Electoral School’s duties till the subsequent presidential election.

Colorado members of the Electoral School signal their Certificates of Vote, Dec. 19, 2016, in Denver.

Joe Amon/The Denver Publish through Getty Pictures

Step #3: Congress meets

On Jan. 6, Congress convenes to rely the electoral votes and certify the winner of the election.

As a result of the sitting vp additionally serves as president of the Senate, Mike Pence will preside over this rely in 2021, simply as Vice President Joe Biden did in January 2017 when Donald Trump formally grew to become president-elect. Every state, known as upon in alphabetical order, information its votes.

This course of is in some respects ceremonial, as a result of by January the media has declared a winner and normally a concession speech has been given. However, formally, it’s the second of fact.

On the finish of the Senate’s electoral vote rely, the vp publicizes the outcomes and asks if there are any objections. In 2001 Democratic Home representatives tried for 20 minutes to dam Florida’s extremely contested electoral votes for George W. Bush.

On Jan. 6, 2001, as George W. Bush was licensed as President of america, members of the Congressional Black Caucus tried in useless to object to the election outcome.

That effort failed, as a result of objections have to be signed by each a member of the Home and the Senate earlier than being voted on by each chambers of Congress. It fell to Vice President Al Gore, as president of the Senate, to declare Bush – his Republican opponent – the winner of the 2000 election.

After the Senate certifies the election outcomes, all of the Certificates of Ascertainment and Certificates of Vote then turn out to be out there for public evaluation on the Workplace of the Federal Registrar for one yr, then transferred to the Nationwide Archives for the everlasting file. Those that query the end result of a U.S. election, in different phrases, can truly double-check the tabulations themselves.

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Within the extraordinary occasion that no candidate wins within the Electoral School, the Home of Representatives meets to elect the subsequent president. That is how John Quincy Adams grew to become president in 1824.

Established virtually 250 years in the past, this advanced course of is a basis of American democracy. Many have questioned whether or not this antiquated system actually represents the need of the individuals in trendy America.

However for 2020, it stays the method that may determine the presidential race.

Amy Dacey is the Former CEO of the Democratic Nationwide Committee. She has donated to a number of Democratic campaigns within the 2020 election cycle.