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The Constitution’s 20th Amendment also requires the president and vice president to end their terms of office on January 20 at noon in the year following the general election. In addition to those basic constitutional requirements, Congress by statute controls when electoral votes are counted at the states and at Congress. Codification. R.S. § 25 derived from act Feb. 2, 1872, ch. 11, § 3, 17 Stat. 28. The second sentence of this section, which was based on section 6 of the act Mar. 3, 1875 and made this section inapplicable to any State that had not yet changed its day of election and whose constitution required an amendment to change the day of election of its State officers, was omitted. November” as the date for states to appoint presidential electors.18 The first unified presidential Election Day was November 7, 1848.19 Current law states that “[t]he electors of President and Vice President shall be appointed, in each State, on election day, in accordance with the laws of The House passed an overhaul of the Electoral Count Act as part of its massive, end-of-the-year spending bill, after the Senate approved identical wording Thursday. ... 2020 presidential election ... 2 So in original. Does not conform to section catchline. §1. Time of appointing electors. The electors of President and Vice President shall be appointed, in each State, on election day, in accordance with the laws of the State enacted prior to election day. (Added Pub. L. 117–328, div. P, title I, §102 (a), Dec. 29, 2022, 136 Stat. 5233.) President Joe Biden (D) signed the Electoral Count Reform and Presidential Transition Improvement Act of 2022 into law on December 23, 2022. The Senate approved the bill, which was attached to a year-end omnibus funding bill, in a 68-29 vote on December 22, 2022. The House approved the bill in a 225-201 vote the following day. The legislation would set new parameters around the Jan. 6 joint session of Congress that happens every four years after a presidential election. The day turned violent last year after hundreds of ... It requires Congress to identify one state official (often the secretary of state) responsible for certifying their state’s electors, and requires the state’s electors themselves to be appointed prior to Election Day. **Harder to declare a “failed election.” **The bill also overturns a provision from the Presidential Election Day Act of ... “(a) Criteria for extending time for voting in Presidential elections.—If a State provides for the State’s electors to be appointed by popular election pursuant to State laws duly enacted prior to the day fixed by section 1 of this title, the time for voting in such election shall, in accordance with the procedures described in subsection ...

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