The Role of the Vice President in Supervising the Electoral College Vote Count

The supervision of the Electoral College vote count is a historic responsibility of the Vice President, regardless of whether they are a presidential or vice-presidential candidate. This tradition dates back to the early 1800s and continues to play a key role in the U.S. electoral process.

Historical Context and Exceptions

The role of the Vice President in supervising the Electoral College has remained consistent since 1804/05, with rare exceptions. Historically, the sitting Vice President was often a candidate for President or Vice President in most elections. However, since World War II, there have been notable exceptions: 2016/17, 2008/09, 1976/77, and 1952/53. Additionally, during 1964/65 and 1948/49, the office of the Vice President was vacant, prior to the ratification of the 25th Amendment.

During these exceptions, various scenarios arose, including the 2020 election where Vice President Kamala Harris was a candidate. However, her role in supervising the count remains ceremonial and unchanged.

The Election Process and Ceremonial Roles

The Electoral College does not cast their votes on January 6th as many might assume. Instead, the voting takes place on the first Tuesday after the second Wednesday in December. This date was chosen by the founding fathers and remains in place despite some apparent absurdity.

Each state is required to certify a Certificate of Ascertainment confirming the electors no less than six days before the electors meet in their respective state capitals. Subsequently, the electors produce a Certificate of Vote showing their choice. Copies of both certificates are then forwarded to Congress for tabulation during the first week of January.

While Congress does not vote on the outcome, they merely record the electoral votes. The Vice President, in their capacity as President of the Senate, presides over the joint session of Congress responsible for conducting and certifying the Electoral College vote count. This role is entirely ceremonial and non-interactive with the outcome of the vote.

A Ceremonial and Legal Obligation

Despite the sometimes convoluted nature of the process, the Vice President has a legal obligation to oversee the vote count. The Electoral Count Reform Act has further clarified this role to prevent any misunderstandings about the Vice President's powers. Any suggestion that the Vice President could overturn an election is baseless.

For example, during the 2020 election, Vice President Mike Pence presided over the count, a situation that was not unprecedented. Similarly, previous Vice Presidents such as John Adams, Thomas Jefferson, Martin Van Buren, Richard Nixon, Hubert Humphrey, and Al Gore oversaw similar counts.

These roles are not about altering the outcome but are about maintaining a level of transparency and following established procedures as dictated by the Constitution.

Conclusion

The role of the Vice President in supervising the Electoral College vote count remains an important aspect of the U.S. political process. Despite the complexities and occasional controversies, the role is clearly defined and primarily ceremonial. The 21st-century context and the recent election of Vice President Kamala Harris do not change this long-standing tradition.

According to the U.S. Constitution and historical precedent, the Vice President, regardless of candidacy, oversees the count on January 6th by opening and announcing each state's electoral votes. This role maintains the integrity of the democratic process, and any concerns about this role should be based on a clear understanding of the law and history.