Organizing for the 119th Congress
January 3, 2025: The U.S. Constitution mandates that Congress convene at noon on January 3rd in each odd numbered year, unless it has passed a law allowing for Congress to convene on a different day or time (20th Amendment, Section 2).
January 6, 2025: A joint session of Congress is required by the 12th Amendment to count the electoral votes and declare the winners of the presidential election. If there are delays related to the count in Congress or a contingent election, those processes would need to be finished by noon on January 20, 2025, for the next President and Vice President to take their oaths of office. If that does not happen, the Speaker of the House would serve as President until Congress certifies a winner of the presidential election.
NOTE: The Department of Homeland Security has issued a National Special Security Event (NSSE) designation for January 6, 2025. NSSE’s are used for State of the Union addresses, Presidential Inaugurations and the Presidential Nominating Conventions, but this the first time that this designation has been issued for Congress’ certification of the Electoral College vote. The designation means the U.S. Secret Service will be the lead federal law enforcement agency planning security for the event, despite it being held in the U.S. Capitol, where U.S. Capitol Police (USCP) typically holds the top jurisdiction.
Certifying State Electoral College Results: After Election Day, the states tabulate the election results, including absentee and overseas ballots. States have different deadlines for certifying results for presidential and congressional elections.
November/December 6, 2024: The results are usually certified by the end of November, but some states set December 6th as their deadline.
December 8, 2024: For Presidential Races, a federal law (3 U.S. Code § 5) known as the “safe harbor provision” requires a state to settle these disputes and determine its electors six days before the Electoral College members meet in person.
December 17, 2024: Electoral College votes.
December 25, 2024: Federal law requires states to deliver certified Electoral College results to the Vice President, serving as President of the Senate, and other parties by the fourth Wednesday in December. Then, by federal statute 3 U.S.C. §12, 13, the Vice President or the Archivist of the United States asks a “secretary of state or equivalent officer” of that state to send the certified election results to Congress, using direct mail or a messenger.
Congressional Leadership Elections:
House Republicans:
November 12, 2024: The House GOP leadership plans to hold its elections the first week the House comes back into session. However, it is possible that it will not be clear who holds the House majority by that date and whether Republicans are holding elections for the majority or the minority. If the Republicans are in the majority, then Speaker Johnson and his incumbent leadership team are expected to stay in place.
If the Republicans are in the minority, there could be a major shake-up. House Majority Leader Scalise or Judiciary Committee Chair Jordan could challenge Johnson for the Minority Leader Position.
House Democrats: House Democratic leaders have not decided when their leadership elections will occur, but it is expected to be later in November. When the leadership elections do occur, if the Democrats are in the majority, it is expected that Minority Leader Hakeem Jeffries, Minority Whip Katherine Clark or Democratic Caucus Chair Pete Aguilar will move to Speaker, Majority Leader and Majority Whip.
Senate Republicans:
November 13-14, 2024: There are three declared candidates to replace Leader McConnell: Senate Minority Whip Thune (R-SD), along with Sens. Cornyn (R-TX) and Scott (R-FL). The other competitive race will be for the third position, Republican Conference Chair, with Sens. Cotton (R-AR) and Ernst (R-IA) running. Some conservatives are arguing that the election should be delayed so candidates can outline their plans. It comes as Senate Republicans are debating both privately and publicly over potential changes to the leadership structure in a post-Mitch McConnell world. Hardliners are pushing for a major overhaul that would give individual senators more influence on everything from floor strategy to policy priorities. McConnell and Sen. Tillis (R-NC) have been pushing back against these proposals.
Senate Democrats:
Early December: The only open job is retiring Sen. Stabenow (D-MI)’s position as Chair of the Policy and Communications Committee. Senate Majority Leader Chuck Schumer will remain in place, either as Majority or Minority Leader.