January 6, 2025, was an important day as a joint Congress confirmed the electoral votes, certifying that Donald Trump was indeed the newly elected President of the United States.
Much was made this year of the difference between this meeting and the one four years ago where protesters stormed the Capitol to try to stop the certification process. The media and Democrats have praised themselves on their ability to conduct this process in a peaceful manner. House Democratic Leader Hakeem Jeffries has gone as far as saying that his side of the aisle is not “infested” with election deniers. I guess Democrats should be applauded for their efforts, however it seems odd to praise representatives for doing their jobs the correct way.
I agree that Jan. 6, 2021, was a dark day and should be condemned, but let’s not forget that it was the first time in history we saw such actions on confirmation day that has happened 57 other times peacefully; 2021 was the exception not the rule. Historically speaking, it should also be noted that during the 20th century, each certification went off without a hitch, with no member of Congress challenging the vote until the 2000 election when Democrats did so. Democratic congresspeople then followed up that challenge in 2004 and again in 2016. So, yes, Democrats acted honorably when confirming Trump as president this year — as they should — but I am going to hold my applause.
First, it’s important to understand the mechanics of how this all works. Article II, Section I, Clause III of the Constitution states that electors need to vote for two people for president (later changed to vote for president and vice president separately) and send the votes to the President of the Senate at which time, “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.”
What is not stated was the day this was supposed to happen. That date, Jan. 6, was determined by the Electoral Count Act of 1887, which was needed after the contested election of 1876. The 1887 Act also created the procedure for an electoral vote to be challenged. To challenge a state’s electoral votes at least one representative and one senator must make the challenge. If so, the two houses are to meet in their own chambers and debate for up to two hours. When the time has elapsed, the two houses vote by simple majority if they will accept or not accept the electoral vote.
Now back to the Democratic claim that they accept elections. Since the 1887 Act there have been no challenges to the electoral process until 2000 when George W. Bush narrowly defeated then Vice President Al Gore. During the Jan 6, 2001, congressional meeting, 12 Democratic representatives who were part of the Black Caucus, including current sitting Congresswoman Maxine Waters, challenged Florida’s electoral votes. However, as no senator joined the challenge, the objection was not heard, and the count continued certifying Bush as president.
In the following election of 2004, once again Bush defeated the Democratic challenger, John Kerry. As before, at the Jan. 6 congressional meeting, Democrats opposed the election. This time it was Ohio Rep. Stephanie Tubbs Jones who challenged Ohio’s electoral votes. The difference this time was she was joined by Sen. Barbara Boxer. This time the two houses separated but the challenge was not upheld in either house. Bush was once again confirmed as president.
In the next two elections Democratic candidate Barack Obama won the day with no challenges during the congressional meeting, but then came 2016. In this election, Donald Trump defeated Hillary Clinton and again during the Jan. 6 meeting, seven congressional Democrats challenged Trump’s election including Congresswoman Sheila Jackson Lee from Texas who died in office this past year, current Congresswoman Barbara Lee from California, and current Congressman Jim McGovern of Massachusetts. As in 2001, no senator joined in the challenge and so no debate was made, and Trump was certified as president.
Then came the infamous Jan. 6, 2021, meeting where protestors stormed the Capitol trying to block the count. It should be noted that former Vice President Mike Pence was correct in saying there is nothing in the Constitution or in American law that gives the VP the authority to reject any state’s electoral vote. Just as Al Gore did in 2002, Joe Biden did in 2017 and Kamala Harris this past Jan. 6, Pence did the right thing and certified the electoral count that defeated him. In the wake of Jan. 6, 2021, meeting, Congress passed a bipartisan bill in 2022 amending the 1887 Act. The law clarifies that the VP role is ceremonial and that he has no authority to reject any votes. More importantly, instead of just one representative from each house needed for a challenge, now one-fifth of each house is necessary for a challenge.
I want to make this clear: Challenging an election is not even remotely on the same level as storming the Capitol. Jan. 6, 2021, was a dark and depressing day for someone like me who teaches civics for a living. While I am grateful for the Democrats’ efforts on this past Jan. 6 for keeping it peaceful, it must be noted that it was the first time since 2000 that Democrats have not challenged a Republican victory in the Electoral College. Maybe we are turning over a new leaf and we will see more civility moving forward in politics. But I will believe that if I see it again in 2028.
James Finck is a professor of American history at the University of Science and Arts of Oklahoma. He can be reached at HistoricallySpeaking1776@gmail.com.
