begin quote from:
Trump's window for election subversion is closing
(CNN)President Donald Trump's legal team for weeks has worked to delay the certification of Joe Biden's election win in a long-shot effort to create an opening for Trump stay in power.
: Stimulus snapshot
: But first, Congress needs to buy time
: Electoral College takes center stage
What happens after Election Day
We've sketched out the legal mechanisms that lead from Election Day to Inauguration Day. Next to each item below is an icon that denotes whether state laws (![]()
) or federal laws (![]()
) are relevant.
November 3 – Election Day![]()
![]()
Voters voted.
While many millions of Americans cast their ballots in the weeks leading up to Election Day, either by mail or as an in-person absentee voter, US law says Election Day occurs on the first Tuesday after the first Monday in November. Votes were counted across the country on Election Day.
November 4 – November 23![]()
Votes were counted.
Mail-in ballots had to be postmarked by November 3 in every US state, but they could be received later and still be counted in many states.
November 10 – December 11![]()
States certify election results.
Each state does it a little bit differently, but starting a week after Election Day, state governments began to certify their election results. Georgia certified its results three times, following a full audit and a recount requested by President Donald Trump's campaign.
December 8![]()
"Safe harbor" to determine election results and assign electors.
Under the Electoral Count Act, this is the date by which states are meant to have counted votes, settled disputes, and determined the winner of their Electoral College votes. Governors are supposed to create certificates of ascertainment listing the winner of the election and the slate of electors, and those results are shielded from further challenge.
December 14![]()
Electoral votes cast.
In law, this date is the first Monday after the second Wednesday in December. This year that falls on December 14. Electors will meet in their respective states and cast paper ballots for US President. The results are then tabulated, signed, sealed and sent by registered mail to the vice president in Washington. Many states have laws requiring their electors to support the winner of their state's election.
December 23![]()
Electoral votes must arrive in Washington.
The certified electoral votes have nine days to get from their states to Capitol Hill.
January 3![]()
New Congress is sworn in.
Members of the House and new members of the Senate take the oath of office at noon. This is the official start of the 117th Congress. However, Georgia's two Senate seats will remain unfilled until after a runoff election scheduled for January 5.
January 6![]()
Electoral votes counted in Congress.
Members of the House and the Senate will meet in the House chamber. The President of the Senate -- that's Vice President Mike Pence -- will preside over the session and the electoral votes will be read and counted in alphabetical order by two appointees each from the House and Senate. They will then give their tallies to Pence, who will announce the results and listen for objections.
If there are objections, the House and Senate consider them separately to decide how to count those votes.
There are 538 electoral votes -- one for each congressman and senator plus three for Washington, DC. If no candidate gets to a majority -- that's 270 -- then the 435 members of the House decide the election. Each state gets a vote. So while there are more Democrats in the House, Republicans, as of now, control more state delegations, so it is possible the House could pick Donald Trump even though there is a Democratic majority.
The House has until noon on January 20 to pick the President. If they can't, it would be the vice president or the next person eligible in the line of presidential succession.
January 20![]()
Inauguration Day.
A new president takes the oath of office at noon. If the President-elect dies between Election Day and Inauguration, the vice president-elect takes the oath of office and becomes President. In a disputed election, if the House has not chosen a President but the Senate has chosen a vice president, the vice president-elect becomes acting president until the House makes a choice. And if there's no president-elect and no vice president-elect, the House appoints a president until one is chosen.
Note: This graphic has been updated to reflect the most current information.
Correction: A previous version of this graphic incorrectly named the organizational meeting number of the upcoming Congress. It will be the 117th Congress in January.
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