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1 1 (December 19, 2022)

handle is hein.crs/govejvd0001 and id is 1 raw text is: \Congressional ____ A Research Service The Electoral Count Act and Presidential Elections December 19, 2022 Every four years in November, citizens vote for presidential and vice presidential electors-known collectively as the electoral college-who meet in their respective states in December to vote for the U.S. President and Vice President. On the following January 6, a joint session of Congress convenes to count and announce the electors' votes. (For more information, see CRS Report RL32611, The Electoral College: How It Works in Contemporary Presidential Elections, by Thomas H. Neale.) The U.S. Constitution, the Electoral Count Act of 1887 (ECA), codified at 3 U.S.C. @@ 5-6, 15-18, and other federal statutes set forth key procedures for this process. This Insight discusses the presidential election process established in the ECA and in related constitutional and federal statutory provisions and recent congressional action. Process Prior to Convening Joint Session of Congress to Count Electoral Votes Election Day: Appointment of Electors The Electors Clause of the Constitution (Article II, Section 1, clause 2) provides that [e]ach state shall appoint presidential and vice presidential electors in the manner as the Legislature thereof may direct. Article II, Section 1, clause 4, further provides Congress with power to determine when the states choose their electors or the Day on which they shall give their Votes; which Day shall be the same throughout the United States. Accordingly, Congress enacted a federal statute establishing Election Day for presidential and vice presidential electors as the first Tuesday after the first Monday in November every four years. Federal law further provides that whenever a state holds an election for presidential electors and has failed to make a choice on the day prescribed by law, electors can be appointed on a later date in such a manner as the legislature of such State may direct. Congressional Research Service https://crsreports.congress.gov IN12065 CRS INSIGHT Prepared for Members and Committees of Congress

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