Kamala Harris Will Become First VP Since Al Gore To Certify Her Own Loss

It’s not only tradition, but Constitutionally and legally required in the United States the the Vice President certifies the results of the Presidential Election on January 6th in the year following the Election.

• Constitution: The Twelfth Amendment to the U.S. Constitution outlines the process for electing the President and Vice President, stating that “The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted.” This role of the Vice President (who is the President of the Senate) is purely ceremonial in nature.
• Federal Law: The Electoral Count Act, as codified in 3 U.S.C. § 15, further defines this role. It specifies that the Vice President, in his capacity as President of the Senate, shall open all certificates and the votes shall be counted in the presence of both the Senate and the House of Representatives. The 2022 amendment to this act, known as the Electoral Count Reform and Presidential Transition Improvement Act, explicitly clarified that the Vice President’s role is “ministerial” (i.e., ceremonial), with no authority to accept, reject, or adjudicate disputes over electoral votes.

Ordinarily, this would not create much fan-fare, but when the sitting Vice President was a candidate and lost the election, it becomes somewhat of an awkward moment.

Today, Kamala Harris will become the first Vice President since Al Gore to certify their own loss:

Kamala will be the first presidential candidate since Al Gore to certify their loss today pic.twitter.com/X7GNsAs1yN

— Breaking911 (@Breaking911) January 6, 2025

Scott Adams points out the absolute hypocrisy….after spending years telling us Donald Trump was “literally Hitler” she will now proudly swear him in?

Really?

She seems proud to certify "Hitler," unless everything she told us was a lie. https://t.co/FavnDLqhMM

— Scott Adams (@ScottAdamsSays) January 6, 2025

If you’re like me, you might be wondering what happens if the Vice President was the winning candidate….do they certify their own win?

I’ve got the answer for you:

If the sitting Vice President is the winning Presidential candidate, they do indeed preside over the certification of their own election victory. This situation is dictated by the U.S. Constitution and federal law, specifically:

• Constitution: The Twelfth Amendment mandates that the President of the Senate (the Vice President) shall open all the certificates and the votes shall then be counted in the presence of both houses of Congress. This role is ceremonial and does not involve the power to decide the outcome of the election.
  Federal Law: The Electoral Count Act, particularly after amendments by the Electoral Count Reform Act of 2022, clarifies that the Vice President’s role in the electoral count is “ministerial,” meaning it is purely procedural and does not include the power to determine, accept, reject, or adjudicate disputes over the electoral votes.

Historical precedents include:

• In 1796, John Adams, as Vice President, presided over the count of electoral votes in which he was declared the President.
• In 1800, Thomas Jefferson, who was the sitting Vice President, presided over the electoral count where he was elected President.

Thus, even if the Vice President is the winning candidate, they must still perform this ceremonial duty of overseeing the count, but they do not have the authority to influence the outcome. The process involves:

Electoral College Votes Submission: Electors from each state send their certificates of votes to Congress.
Joint Session of Congress: On January 6 following the election, Congress meets in a joint session where the Vice President opens and presents the certificates of the electoral votes.
Counting and Announcement: The votes are then counted by tellers, and the Vice President announces the results, which, in this scenario, would include their own victory.

The Vice President’s role is to maintain order and ensure the procedural aspects are followed, but the actual decision-making power regarding the validity of votes lies with Congress if objections are raised and meet the necessary criteria for debate.

You can watch Kamala proclaim she will perform her duties as required today:

JUST IN: Kamala Harris issues new video saying she will certify Trump-Vance’s election win for a “peaceful transfer of power”

pic.twitter.com/SW8VWu6HV4

— Eric Daugherty (@EricLDaugh) January 6, 2025