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Events at the Capitol today

As we explained in our recent statement, the NTFEC is appalled and disheartened at the events unfolding at the U.S. Capitol today. Inflammatory rhetoric and baseless objections to the result of a free and fair election have now devolved into violence — this is not how a healthy democracy functions. There will be time to undertake the necessary work of understanding how we reached this dangerous point in our country and how we can come together to ensure accountability and to strengthen our democracy going forward — including securing our elections against future crises.

In the meantime, it is critical that the American public understands what happens nexts. Most importantly, Congress will resume counting electoral votes and will confirm Joseph R. Biden, Jr. and Kamala Harris as the next president and vice-president. Biden and Harris will then be sworn into office at noon on January 20th.

What happens next?

The Twelfth Amendment requires Congress to count electoral votes — that will happen.

We expect that Congress will reconvene as soon as law enforcement authorities secure the Capitol and otherwise confirm that it is safe for it to proceed. If for some reason it is not possible to secure the Capitol building in a timely fashion, there are procedures whereby Congress could meet largely remotely or in alternate locations if needed to continue the proceedings.

In whatever form it reconvenes, Congress will continue the process of counting electoral votes. We hope that Members of Congress will withdraw their baseless objections. But even if they don’t, the result will be the same. Those objections will be voted down (likely in both chambers, even though that is not required) and Joseph R. Biden, Jr. and Kamala Harris will be declared the next president and vice president. No amount of protest or disruption will change the outcome of the election.

Will this affect the transition of power on January 20th?

The Constitution requires that the new president and vice president be sworn in at noon on January 20th. These violent protests, although dangerous and disruptive, will not change the outcome of the election or the fact that Joseph R. Biden, Jr. and Kamala Harris will be sworn in as the next president and vice president.

Although extraordinarily unlikely, if for some reason Congress is unable to complete the process of counting votes by January 20th, the Twentieth Amendment provides for an acting president. Federal law provides that the first in line to serve as acting president would be the Speaker of the House. There is no circumstance under which President Trump will remain in power.

What you can do

The NTFEC encourages everyone to stay calm during this challenging time, and we ask you to do the same in your communications with your networks. We will provide more detailed information and guidance as soon as practicable.

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Our mission transcends party and ideology. The National Task Force on Election Crises is a diverse, cross-partisan group of more than 50 experts in election law, election administration, national security, cybersecurity, voting rights, civil rights, technology, media, public health, and emergency response. The Task Force’s core mission is to ensure a free and fair 2020 presidential election by recommending responses to a range of election crises. Our focus is ensuring that the election runs smoothly during challenging circumstances, that disputes are handled in a way that maximizes confidence in the outcome, and that there is a peaceful transition or continuation of power on January 20, 2021. The only electoral outcome the Task Force advocates is that the election is free and fair.