Kamala Harris can certify election results even as a candidate
- New Electoral Count Reform Act governs 2024 certification
- Role is ceremonial, following Constitution and federal law
- Harris affirms limited power, echoing Pence's 2020 stance
FILE – Vice President Kamala Harris boards Air Force Two as she departs Westfield-Barnes Regional Airport in Westfield, Mass., July 27, 2024. (AP Photo/Stephanie Scarbrough, Pool, File)
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(NewsNation) — Vice President Kamala Harris, now the Democratic nominee for president, is poised to oversee the certification of the 2024 election results, including her own victory or defeat.
The situation mirrors the 2020 election when then-Vice President Mike Pence resisted pressure from President Donald Trump to interfere with the results.
Legal precedent
The vice president’s role in certifying election results is rooted in both the Constitution and federal law.
The 12th Amendment and U.S. Code designate the Senate president, a role filled by the vice president, to oversee the counting of electoral votes.
Al Gore in 2001 and Richard Nixon in 1961 are examples of vice presidents who certified their own losses.
The 2022 Electoral Count Reform Act, signed by President Joe Biden, reinforces the vice president’s limited role in the process. This law will govern the certification of the 2024 election for the first time.
Harris’ stance
Harris’ spokesperson, Kirsten Allen, stated that the vice president views her role as purely ceremonial, echoing the actions of her predecessor, Mike Pence, POLITICO reported.
Republican and Democratic response
Trump has not renounced his previous claims about the vice president’s authority in the electoral count. His 2024 running mate, Sen. JD Vance, has suggested he would have complied with Trump’s 2020 demands.
Matthew Seligman, a fellow at Stanford University’s Constitutional Law Center, praised Harris’ stance.
“Even then, Vice President Harris is saying she won’t seize unconstitutional powers. She’s not going to burn the system down in order to save it,” he said, per POLITICO.
