2021 United States Electoral College vote count

2021 United States Electoral College vote count
Name	2021 United States Electoral College vote count
Date	January 6, 2021
Type	Congressional certification
Votes	538 electoral votes
Result	Certification of 2020 United States presidential election results

2021 United States Electoral College vote count

The 2021 United States Electoral College vote count was the Joint Session of the United States Congress on January 6, 2021, to count the electoral votes from the 2020 United States presidential election and to certify the election of Joe Biden and Kamala Harris. The proceeding invoked provisions of the Twelfth Amendment to the United States Constitution and the Electoral Count Act of 1887, and occurred amid contested certifications from several state legislatures, litigation in the Supreme Court of the United States, and political actions by figures including Donald Trump, Mike Pence, and members of the United States House of Representatives and United States Senate.

Background and legal framework

The certification process rests on the Twelfth Amendment to the United States Constitution and the Electoral Count Act of 1887, statutes and precedents developed after the 1876 United States presidential election and the Compromise of 1877. Under that framework, each state submits a certificate of ascertainment and a certificate of vote from its meet of electors; these documents were prepared by states including Pennsylvania, Georgia, Arizona, Michigan, Wisconsin, and Nevada. Litigation reached federal venues including the United States District Court for the Eastern District of Pennsylvania, the United States Court of Appeals for the Third Circuit, and the Supreme Court of the United States, where petitions referenced the Fourteenth Amendment to the United States Constitution and state statutory schemes. Key actors included state executive officials like Tom Wolf, Brian Kemp, Doug Ducey, Brad Raffensperger, and state secretaries such as Kathy Boockvar.

Electoral vote tallying process in Congress

The Joint Session convened in the United States Capitol under presiding officer Mike Pence as President of the Senate. The process requires opening and reading of certificates from each state and offers Members of Congress an opportunity to object under the Electoral Count Act of 1887; objections must be in writing and endorsed by one member of the United States House of Representatives and one member of the United States Senate. When properly made, objections trigger separate debate and votes in each chamber, following procedures influenced by historical episodes such as the 1877 Electoral Commission and debates surrounding the 12th Amendment’s implementation. Participants included House leadership figures like Nancy Pelosi and Kevin McCarthy, and Senate leaders like Mitch McConnell and Chuck Schumer.

January 6, 2021 events and disruption

On January 6, 2021, a crowd assembled near the White House and marched toward the United States Capitol, with involvement from political organizations and supporters of Donald Trump following a rally at the Ellipse. Demonstrators breached security perimeters at the Capitol Building during the Joint Session, resulting in evacuation of Members of Congress and invocation of responses from the United States Capitol Police, the Metropolitan Police Department of the District of Columbia, and eventually the United States National Guard. The breach led to suspension of the counting proceeding; notable participants and events referenced included the actions of rioters and the consequent declarations by the Mayor of the District of Columbia and statements from federal officials such as Mark Esper and Christopher Wray.

Certification outcomes and final count

After the Capitol was secured, the Joint Session reconvened and continued the count. The final tally affirmed the electoral votes in favor of Joe Biden with 306 electoral votes and Donald Trump with 232 electoral votes, mirroring state certifications in Arizona, Georgia, Michigan, Nevada, Pennsylvania, and Wisconsin. Certificates from each state—prepared by governors such as Gretchen Whitmer, Doug Ducey, and Brian Kemp and secretaries like Jocelyn Benson and Katie Hobbs—were accepted, culminating in a formal proclamation consistent with the U.S. Constitution and longstanding congressional practice.

Objections and congressional debate

Several congressional objections were lodged against certification of certain states’ electoral votes, notably objections led by members of the United States House of Representatives such as Mo Brooks and Jim Jordan, and joined in the Senate by figures including Ted Cruz and Josh Hawley. Objections invoked alleged irregularities and were debated in both chambers; debate was often framed by references to state court decisions, certifications by state officials like Brad Raffensperger and Gabriel Sterling, and briefs filed in federal litigation. Each objection required separate votes in the United States House of Representatives and United States Senate; none succeeded in changing the outcome because the Senate votes did not reach a majority in favor of rejecting the contested certificates.

State certifications and counting disputes

Disputes over state certifications involved state-level litigation, recounts, and audits in jurisdictions such as Georgia (including a statewide recount overseen by Secretary Brad Raffensperger), Arizona (with actions involving Secretary Kari Lake’s contested results in other contexts), Pennsylvania (with litigation in the Supreme Court of Pennsylvania), and Michigan (with filings in the Michigan Supreme Court). Many suits were dismissed by courts including judges appointed by presidents such as Donald Trump and Barack Obama, and the Supreme Court of the United States declined extraordinary relief in multiple petitions, leaving state certifications intact.

Aftermath, legal challenges, and reforms proposal

Following certification, numerous legal challenges continued in state and federal venues, and congressional investigations and committees—including select committee proposals led by members like Bennie Thompson—examined the events of January 6. Calls for reform targeted the Electoral Count Act of 1887, with proposals from lawmakers including Lisa Murkowski and Kris Kobach debating clarifications to the roles of state legislatures and the Vice President of the United States; scholars cited reforms modeled on the National Archives and Records Administration’s guidance and comparative practices from other constitutional systems. Debates over presidential accountability involved discussions referencing the Impeachment of Donald Trump (second impeachment) and subsequent prosecutions in federal courts such as the United States District Court for the District of Columbia. The events reshaped legislative priorities and led to continued litigation, congressional hearings, and bipartisan calls to clarify the electoral counting mechanisms to prevent future disruptions.

Category:United States presidential elections