/>iThere is much that happens in Washington, D.C., and in the states in the 76 days between Election Day (November 5, 2024) and Inauguration Day (January 20, 2025). My last post identified some of the unfinished business the 118th Congress needs to address (e.g., funding the government beyond December 20, 2024, passing the National Defense Authorization Act (NDAA), and providing funding for disaster relief) before it adjourns sine die. The exact date and time of the end of the 118th Congress is unknown, but it is certain that Congress will adjourn no later than 11:59 a.m. on January 3, 2025, because the 119th Congress will, by law, convene at noon that day. This article focuses on what will happen between November 5, 2024, and January 20, 2025.
In addition to providing details about the process of electing a President, this blog also provides a context for key events that will take place in Congress during this period, including the 59-day period between Election Day and the convening of the 119th Congress at noon on January 3, 2025.
Electing a President and Vice President — What Happens after Election Day
In the United States, we have what is commonly referred to as a national election, but it is really 51 separate elections that select the next President. The process does not end on Election Day but continues for several more weeks as electors who certified in each state then meet to cast their votes for President and Vice President.
In the wake of post-election actions in January 2021, Congress passed the Electoral Count Reform and Presidential Transition Improvement Act of 2022 (Reform Act) that was incorporated as Division P of H.R. 2617, the Consolidated Appropriations Act, 2023 (Public Law 117-328, enacted December 29, 2022). This new law provides additional clarity about what happens at each stage of the process.
There are seven key dates, including Election Day and Inauguration Day, that are important to know and understand as the country prepares for a new President to be inaugurated January 20. The list of dates is followed by an explanation of each step of the process.
| November 5, 2024 | Election Day — last day on which ballots can be cast. |
| December 11, 2024 | This is the last day for states to issue Certificates of Ascertainment of Appointment of Electors. Certificates are issued by the Executive of each state and include: (1) names of the electors, (2) the state’s certified election results, (3) seal of the state, and (4) at least one security feature to help verify the authenticity of the certificate. The certificates, once completed, are transmitted to the Archivist of the United States. The Reform Act establishes a legal venue and expedited judicial procedures in the event of a challenge to the certificates. |
| December 17, 2024 | The certified electors meet in their respective states on the first Tuesday after the second Wednesday in December to cast their votes for President and Vice President. The electors then sign multiple certificates attesting to the votes they cast and transmit them to officials in Washington, D.C., and in their state. |
| December 25, 2024 | Not later than the fourth Wednesday in December, the President of the Senate or Archivist of the United States should receive the certificates from each state. |
| January 3, 2025 | The 119th Congress convenes at noon. |
| January 6, 2025 | The House of Representatives and Senate meet in joint session in the Hall of the House of Representatives at 1:00 p.m. to count the electoral votes and the President of the Senate (i.e., the Vice President) shall be the presiding officer. The Reform Act clarifies that the role of the President of the Senate shall be “limited to performing solely ministerial duties” and states: “The President of the Senate shall have no power to solely determine, accept, reject, or otherwise adjudicate or resolve disputes over the proper list of electors, the validity of electors, or the votes of electors.” The Reform Act also sets forth specific requirements for filing objections to the certificates from the states (must be in writing, must be signed by one-fifth of the Senators and one-fifth of the Members of the House of Representatives, and must state clearly state grounds for objection). The Reform Act also limits the grounds for objection. |
| January 20, 2025 | Noon — President and Vice President take oaths of office. |
Additional information about these key dates and actions can be found on the Bipartisan Policy Center’s website.
What Congress Will Be Doing between November 5 and January 20
The 118th Congress is scheduled to reconvene Tuesday, November 12, 2024, in a Lame Duck session. My previous post addressed legislation that Congress must pass before it adjourns (e.g., funding the government beyond December 20, 2024, and passing the NDAA) and is likely to pass (e.g., supplemental disaster relief funding for those affected by Hurricanes Helene and Milton).
During the 52-day period between November 12, 2024, and January 3, 2025, there will be significant activity in addition to these legislative efforts. There will be orientation for new members, packing up and vacating offices for departing members, packing up and moving to new offices for some returning members, selecting new leadership, and potentially preparing for a change from being in the minority to majority party or majority to minority party, which would affect committee leadership and assignments.
Orientation for newly elected members of Congress is scheduled to begin November 12 and will continue into the following week. During this time, newly elected members will meet their future colleagues, attend meetings and retreats, select their office location, and begin to select staff.
At least 52 Representatives and ten Senators will not be returning for the 119th Congress. They will be packing up and vacating their offices. The process of selecting office space is done by lottery for newly elected members and by seniority for returning members. There will be many more than 62 offices that will need to be cleaned, painted, decorated, re-wired, and re-keyed, among other tasks, during this short period. Imagine packing up your home while negotiating legislation, responding to constituent needs, and preparing for your next job. Imagine further that you are a Representative who was elected Senator and need to prepare for your next job while continuing your current one. Or imagine you are a staffer for one of these departing members who is seeking new employment while performing your duties. This is not an easy time for Representatives, Senators, and their staff during this transition process. Even those who will be staying for the 119th Congress, if they select new offices, will experience significant disruption as they will need to pack up and move during this period while preparing for the next Congress.
Commentary
The least productive Congress in more than one hundred years (based on the number of laws enacted) will be quite busy for the next few months as the 118th Congress winds down, preparations are made for the 119th Congress, and both parties prepare to engage with a new President beginning in January. The next two months will see a flurry of activity, legislative and otherwise.
The election may bring significant changes to Congress, including a change in party control of the House of Representatives, Senate, or both. A change in party control of the House of Representatives results in new leaders of committees and subcommittees and potentially a change in Republican leadership due to having one less leadership office. A change in control of the Senate would result in new leaders of committees and subcommittees and changes to committee staff.
With Senator Mitch McConnell (R-KY) stepping down from his leadership role, Senate Republicans are scheduled to elect a new leader in early November when Congress returns to Washington, D.C.
I leave you with this final thought. The happiest, most optimistic day in Washington, D.C., has always been January 3 every odd-numbered year — the day the new Congress convenes. It has been several Congresses since January 3 (aka “Swearing in Day”) was a celebratory day due to COVID-19 and the inability of Republicans to elect a Speaker on January 3, 2023. I hope that the optimism, joy, and celebrations from years past will reappear January 3, 2025. Seeing Representatives and Senators sworn in and celebrating with their family and friends is something that everyone should experience. January 3 should be a day full of joy, optimism, celebration, and hope. If you live or work in Washington, D.C., and have experienced “Swearing in Day,” then you know what I mean. If you have not experienced this, I hope that you are able to do so once in your lifetime.
