December 13, 2016
States must make final decisions in any controversies over the
appointment of their electors at least six days before the meeting of
the Electors. This is so their electoral votes will be presumed valid
when presented to Congress.
Decisions by states’ courts are conclusive, if decided under laws enacted before Election Day.
December 19, 2016
The Electors meet in their state and vote for President and Vice President on separate ballots. The electors record their
votes on six “Certificates of Vote,” which are paired with the six remaining Certificates of Ascertainment.
The electors sign, seal, and certify six sets of electoral votes. A
set of electoral votes consists of one Certificate of Ascertainment and
one Certificate of Vote. These are distributed immediately as follows:
December 28, 2016
- one set to the President of the Senate (the Vice President) for the official count of the electoral votes in
- two packages to the Secretary of State in the state where the electors met—one is an archival set that becomes part of
the public record of the Secretary of State's office and the other is a reserve set that is subject to the call of the
President of the Senate to replace missing or incomplete electoral votes;
- two packages to the Archivist—one is an archival set that becomes part of the permanent collection at the
National Archives and Records Administration and the other is a reserve set that is subject to the call of the President
of the Senate to replace missing or incomplete electoral votes; and
- one set to the presiding judge in the district where the Electors met—this is also a reserve set that is subject
to the call of the President of the Senate to replace missing or incomplete electoral votes.
Electoral votes (the Certificates of Vote) must be received by the
President of the Senate and the Archivist no later than nine days after
the meeting of the electors. States face no legal penalty for failure to
If votes are lost or delayed, the Archivist may take extraordinary measures to retrieve duplicate originals.
On or Before January 3, 2017
The Archivist and/or representatives from the Office of the Federal
Register meet with the Secretary of the Senate and the Clerk of the
House in late December or early January. This is, in part, a ceremonial
occasion. Informal meetings may take place earlier.
January 6, 2017
The Congress meets in joint session to count the electoral votes. Congress may pass a law to change this date.
The Vice President, as President of the Senate, presides over the
count and announces the results of the Electoral College vote. The
President of the Senate then declares which persons, if any, have been
elected President and Vice President of the United States.
If a State submits conflicting sets of electoral votes to Congress,
the two Houses acting concurrently may accept or reject the votes. If
they do not concur, the votes of the electors certified by the Governor
of the State on the Certificate of Ascertainment would be counted in
If no Presidential candidate wins 270 or more electoral votes, a
majority, the 12th Amendment to the Constitution provides for the House
of Representatives to decide the Presidential election. If necessary the
House would elect the President by majority vote, choosing from the
three candidates who received the greatest number of electoral votes.
The vote would be taken by state, with each state having one vote.
If no Vice Presidential candidate wins 270 or more electoral votes, a
majority, the 12th Amendment provides for the Senate to elect the Vice
President. If necessary, the Senate would elect the Vice President by
majority vote, choosing from the two candidates who received the
greatest number of electoral votes. The vote would be taken by state,
with each Senator having one vote.
If any objections to the Electoral College vote are made, they must
be submitted in writing and be signed by at least one member of the
House and one Senator. If objections are presented, the House and Senate
withdraw to their respective chambers to consider their merits under
procedures set out in federal law.
January 20, 2017 at Noon—Inauguration Day
The President-elect takes the Oath of Office and becomes the President of the United States.