Presidential Transition of Power
When the federal government recognized Joe Biden as the apparent winner of the 2020 presidential election, the formal transition of power from President Donald Trump to President-elect Joe Biden was initiated. What exactly does this process entail? Read below to understand how the transition proceeds according to law and tradition.
One of the first steps in the presidential transition process is when the General Services Administration “ascertains” — or officially declares — an apparent winner of the election. On Nov. 23, GSA Administrator Emily Murphy ascertained Biden’s victory, giving federal office space, money for his transition staff salaries, and access to classified intelligence briefings.
Next, agency review teams collect information. The president-elect sends hundreds of people, most of whom are volunteers who previously held positions in the agency or otherwise have expertise in the agency's responsibilities. These teams gather information about ongoing operations, as well as critical issues. This process is underway, as Biden’s team began engaging with federal agencies shortly after his ascertainment.
Under the Presidential Transition Act of 1963, the president-elect begins to receive classified briefings from the outgoing administration. The daily briefings provide the president-elect with classified summaries of military operations and the nation’s national security threats.
This law also requires the outgoing administration to provide emergency preparedness and response exercises that will alert the incoming administration on any potential threats to national security. Both steps are currently underway. President-Elect Joe Biden and Vice President-Elect Kamala Harris have received the president’s daily briefings since late November.
On December 14, 2020, the Electors in every state and the District of Columbia met to cast ballots that reflect the vote in their states. Next, the Electoral Count Act of 1887 provides that a Joint Session of Congress will be held to formally count the electoral votes and declare the election results. On January 6th, the current Vice President will preside over this process as President of the Senate. The Vice President opens certificates from each state and presents them to four tellers, two from each chamber of Congress. The tellers read and make a list of the returns. When the votes have been ascertained and counted, the tellers transmit them back to the Vice President. When persons named on the tickets have received 270 or more electoral votes, the Vice President announces the results, declaring the persons elected President and Vice President.
Members of the House and Senate may object, in writing, to the returns from any state as the results are read. If an objection is raised by at least one Member each of the House and Senate, the joint session recesses. The two houses separate and debate the question in their respective chambers for a maximum of two hours. The two houses then vote separately to accept or reject the objection. They then reassemble in a joint session and announce the results of their respective votes. An objection to a state’s electoral vote must be approved by both houses in order for any contested votes to be excluded.
Some Members of Congress have indicated that they intend to object to the votes in several states. Since debate for every objection can last two hours, the formal counting process may take several hours. However, given the current makeup of the House and Senate, no changes are expected to be made to the Electoral College totals of 306 for Joe Biden and 232 for Donald Trump. Therefore, despite the unusual circumstances surrounding this particular transition of power, the necessary steps of the transition process are in place. Joe Biden is set to be inaugurated as the 46th President of the United States on Jan. 20.