Constitutionally, Joe Biden isn’t President.

During the last few days a lot of my Liberal acquaintances have approached me, asking how I feel about President Trump “losing” the 2020 Election and the prospects of a (Jokin-and-a-Gropin-and-a-Sniffin-and-a-Grifting) Joe Biden [P]residency.

I have to admit they’re pretty bold, as they already know how I stand politically. And, apparently, they’re also not aware of America’s Constitutional Process for selecting the President of the United States.

So, putting the many incorrect prediction polls, allegations of the Democrats’ “voter fraud”, and breathless proclamations by the (nonlegal and unofficial) media of a “President Biden” aside for a moment, here’s a handy overview of the Presidential Election Process: See if you (and, my Liberal acquaintances) can discover when a presidential candidate actually officially “Wins” the Election.

2020 Presidential Election Process

Date What Happens? Location / Notes
09/17/1787 The Presidential Election Process The Founding Fathers sign the United States Constitution in Philadelphia, PA. Article II, Section I describes how the basic election process works.
11/03/20 Election Day United States. Each legal United States Citizen who is properly registered to vote casts one vote for one candidate legally running for a vacant office position. Each voter can choose to vote for anyone legally allowed to hold office, including themselves.
11/04/20 Select Electoral College Electors The Legislature of each State can select their Electors to the Electoral College anytime between now and 12/08/20. The number of Electors is equal to the total number of seats each state has in the House of Representatives and the Senate. Each state legislator can vote to select anyone they want as an Elector except for themselves.
11/04/20 Voter Fraud Lawsuits If voter fraud in a state is suspected any lawsuits challenging the legality of the election must be filed before that state certifies their voting results.
11/05/20 States Certify Results The states submit their officially certified popular vote totals to the Federal Government. Each state determines when they will submit them, but the deadline is prior to the Electoral College Vote.
11/05/20 Delaware
11/10/20 Louisiana, Oklahoma, South Dakota, Vermont, Virginia
11/11/20 South Carolina, Wyoming
11/17/20 Florida
11/18/20 Arkansas, Idaho, Massachusetts
11/20/20 Georgia, North Dakota
11/23/20 Kentucky, Maine, Michigan, Pennsylvania, Utah
11/24/20 Indiana, Minnesota, NewMexico, North Carolina, Ohio
11/25/20 Alabama, Alaska
11/30/20 Arizona, Colorado, Iowa, Montana, Nebraska
12/01/20 Kansas, Nevada, Wisconsin
12/03/20 Connecticut, Oregon, Texas, Washington, West Virginia
12/04/20 Illinois
12/07/20 NewYork
12/08/20 Maryland, Missouri, New Jersey
12/11/20 California
12/08/20 “Safe Harbor” Deadline Each State must select their Electors to the Electoral College by this date.
12/14/20 “Electoral College Votes for the President The Electoral College votes for the President of the United States, according to rules established by the State each Elector represents. Some states require all electors to vote for the winner of the state’s popular vote (“Winner-takes-all“), while some states split their votes according to the portion of popular votes won by each candidate (“District“). Electors who do not vote according to their state’s rules are called “Faithless”: Some states allow this, but those who don’t rarely punish them.
12/23/20 States Report Electoral Votes to the Congress Results of each State’s Electoral Votes are reported to the US Congress. If a state decides punish a “Faithless Elector” by changing their vote it must be done by this date.
01/03/20 The New Congress is Sworn in Newly-elected members of the United States Congress (House and Senate) are sworn into office. Every two years all members of the US House and one-third of the members of the US Senate are elected.
01/06/21 Congress Certifies the Electoral Votes The President of the United States is formally certified by the newly-elected US Congress.(Unless the following happens…)
01/06/21 Congress Selects the President and Vice President If the Congress cannot certify the Electoral Votes then the US House votes for the President and the US Senate votes for the Vice President, according to the 12th Amendment of the US Constitution. Note this has only happened once, when four Democrat states refused to submit Electors for the 1876 Election.
01/20/21 Inauguration Day The President of the United States is officially sworn into office by the United States Supreme Court.

It’s at this point where the person elected President is officially the President of the United States.

If you discovered where an election candidate officially becomes President then congratulations, as it seems my Liberal acquaintances are still looking. Perhaps this would be the wrong time to tell them that

(a) if any Republican-controlled state fails to submit their Electors to the Electoral College the Congress picks the President and Vice President,

(b) there’s no law, rule, or regulation requiring a current President to “concede” an election, and

(c) there’s no law, rule, or regulation requiring a current presidential administration to “transition” to the next administration…peacefully or otherwise.

May the best Presidential Candidate win! And…

Thanks for Reading!

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