CERTIFICATION OF THE WINNING PRESIDENTIAL FORMULA IN THE UNITED STATES AND ARGENTINA: SIMILARITIES"

UNITED STATES

The certification of the winning presidential binomial in the United States is a critical process involving Congressional oversight, adhering to guidelines outlined in the Constitution and federal legislation. In the 2024 elections, the ticket led by Donald Trump emerged victorious, triggering a procedure culminating in the official certification of results by Congress. This report examines the constitutional foundations, applicable laws, and detailed procedures underpinning this act.

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CONSTITUTIONAL FOUNDATIONS

The certification of electoral results is enshrined in Article II, Section 1 of the Constitution, as amended by the Twelfth Amendment (1804). The amendment outlines the process by which electors vote in the Electoral College and how these votes must be counted and certified in a joint session of Congress.

Furthermore, the Twentieth Amendment (1933) establishes the start and end dates of presidential terms, linking the certification process to the transfer of power on January 20 following the elections.

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FEDERAL LEGISLATION: ELECTORAL COUNT ACT

The procedure is regulated by the Electoral Count Act of 1887, codified in Title 3 of the United States Code (3 U.S.C. 5–21). Key provisions include:

• Resolution of State Disputes: If states certify their votes by the "safe harbor" deadline (typically early December), Congress must accept those results.
• Joint Session of Congress: The Vice President, acting as President of the Senate, presides over the session where Electoral College votes are counted.

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CONGRESSIONAL PROCEDURE

Receipt of Certificates: Electoral vote certificates from each state are sent to the President of the Senate before the joint session.

Joint Session: On January 6, Congress convenes to open and count the votes. During this process: Results from each state are read aloud. Lawmakers may submit written objections, which require approval from both chambers to invalidate a state's results.

Final Certification: Once votes are counted and objections resolved, the Vice President formally declares the President and Vice President-elect.

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2024 ELECTIONS ANALYSIS

In the 2024 elections, where the Trump-Vance formula secured a majority of Electoral College votes:

• States complied with the safe harbor deadline, ensuring their votes were accepted without significant objections.
• Congress adhered to constitutional and legal provisions, certifying the victory following a standard joint session procedure.

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ARGENTINA

The proclamation of the winning presidential formula by the Legislative Assembly is a fundamental step in Argentina’s electoral process. This procedure is governed by the National Constitution, the National Electoral Code, and the internal regulations of both Congressional Chambers. The proclamation of the Milei-Villarruel binomial on November 29, 2023, exemplifies how legal and parliamentary norms ensure the legitimacy and transparency of the electoral process, reinforcing the country’s democracy.

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CONSTITUTIONAL FOUNDATIONS

• Article 77 of the National Constitution: Establishes the composition and competencies of Congress, including joint sessions as the Legislative Assembly.
• Article 120 of the National Electoral Code: Mandates that, following the final count, the Electoral Tribunal formally communicates the results to Congress for proclamation in the Legislative Assembly.
• Article 122 of the National Electoral Code: Specifies that the proclamation of the elected candidates is the responsibility of Congress, assembled in the Legislative Assembly, and outlines the necessary steps to officially declare the winning presidential ticket.

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PARLIAMENTARY PROCEDURE

• Convocation of the Legislative Assembly: The Vice President (as President of the Senate) issues a decree convening the Legislative Assembly, officially communicated to all legislators.
• Formation of the Scrutinizing Committee: During the joint session, a Scrutinizing Committee composed of equal numbers of Deputies and Senators is appointed to verify and read the final count results, ensuring transparency and adherence to legal procedures.
• Quorum Declaration and Formal Proclamation: Once the required quorum (absolute majority of both chambers) is confirmed, the parliamentary secretary reads the convocation decree. The final count results are then read, and the winning ticket is proclaimed.
• Formalization and Presidential Oath: The Assembly sets the date and time for the presidential oath, generally held on December 10, as stipulated in Article 93 of the National Constitution, requiring the President-elect to take the oath before Congress in the Legislative Assembly.

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2023 MILEI-VILLARRUEL

On November 29, 2023, during a Legislative Assembly presided over by Cristina Fernández de Kirchner:

• Regulatory Quorum: Attendance of legislators from both chambers was verified.
• Scrutinizing Committee: Comprising six Senators and six Deputies, the committee verified and read the final count results.
• Formal Proclamation: Deputy Carolina Píparo, representing the Committee, announced the results: Milei-Villarruel: 14,554,560 votes (55.65%). Massa-Rossi: 11,598,720 votes (44.35%).

Javier Milei and Victoria Villarruel were proclaimed President and Vice President-elect, with their swearing-in scheduled for December 10 at noon.

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CONCLUSION

The certification of electoral results in the United States and the presidential proclamation in Argentina are processes that, despite differences in institutional design and historical context, share a central purpose: ensuring the legitimacy, stability, and continuity of their democratic systems.

In the United States, the certification act, presided over by Congress in a joint session, embodies the balance between constitutional provisions and legislative procedures detailed in Title 3 of the United States Code, particularly the Electoral Count Act of 1887. This framework ensures disputes are resolved through clear, predefined procedures, minimizing risks of institutional crises. Recent experiences, however, demonstrate that the process is not immune to political tensions and controversies. The involvement of the Legislative Branch as the ultimate arbiter underscores the importance of the rule of law in a context where public trust in the electoral system may be challenged.

Conversely, Argentina's presidential proclamation process, conducted in the Legislative Assembly, serves as an act of democratic consolidation, supported by the National Constitution and the National Electoral Code. The active participation of both Congressional Chambers, alongside a Scrutinizing Committee comprising legislators from various parties, reinforces the pluralistic and representative nature of the act. This procedure not only validates the final count results but also provides a solemn and formal framework that guarantees an orderly transfer of executive power.

Both processes highlight that institutional stability is not automatic but the outcome of a normative and political framework requiring constant reinforcement. In the United States and Argentina, these mechanisms play a crucial role in safeguarding the popular will expressed at the polls and upholding democratic order in the face of internal and external challenges.

In a world where the legitimacy of electoral processes is under constant scrutiny, these procedures stand as fundamental pillars promoting confidence in institutions and ensuring the continuity of republican governance.

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BIBLIOGRAPHIC SOURCES

For Argentina:

• Argentine National Constitution.
• National Electoral Code (Law No. 19,945).
• Regulations of the Honorable National Congress.
• National Electoral Directorate (Ministry of the Interior).
• Congressional Record, Legislative Assembly (November 29, 2023).

For the United States:

• United States Constitution. Title 3 of the United States Code.
• "The Twelfth Amendment: Explained" – Library of Congress.
• "The Electoral Count Act: Overview and Analysis" – Congressional Research Service (CRS).
• Ackerman, Bruce. We the People: The Civil Rights Revolution. Harvard University Press, 2014.