How is the process of transferring presidential power in the United States going - ForumDaily
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How is the process of the transfer of presidential power in the United States

Although most news organizations already predict the victory of the Democratic candidate Joe Biden in the presidential election, the US election process is not yet complete. "Voice of America".

Photo: Shutterstock

When are the official election results?

Election results are not official until each state certifies them, which must happen before Dec. 8, and the Electoral College meets on Dec. 14. They meet in state capitals to cast their vote for the candidate who wins the region.

On January 6, a joint session of Congress is held to count the electoral votes and announce the winner. But the process of transfer of power usually begins earlier. The main powers for its launch are held by a government agency that few have even heard of - the General Administration (GSA).

How is the transfer of power going

The transfer of power takes place under the 1963 Transfer of Presidency Act. By law, the General Administration (GSA), the agency that oversees the American government, determines when election results are clear enough to initiate the transfer of power.

When the GSA announces the clear winner of the election, the president-elect's team will be able to access government records, transition funding, and send representatives to work with government agencies.

Usually there is no problem with this, but in controversial years such as now, the question arises: when and on what basis can we assume that the winner is finally known? After all, we are likely to face trials that could change the outcome of the race. The GSA is supposed to determine or “determine” the winner of a presidential election, but how is unclear. Robert McKichan, who served as GSA general counsel during the Reagan and George H. W. Bush administrations, said NPR, which is not spelled out in the law, what it actually means.

“There are no legal standards in this act for what constitutes outcome determination,” he said.

On the subject: World leaders congratulate Biden on victory, but Trump, Russia and China are silent

The GSA website states that its administrator "establishes an apparent successful candidate as soon as a winner is determined, based on the procedure set out in the Constitution."

After a winner is identified by the General Administration, the president-elect receives office space in each government agency to begin the transition of power, as well as computers and $ 9,9 million to begin hiring transition staff.

What about the transfer of power to Biden

On Sunday, November 8, experts from the Center for Transition of Presidency sent a letter to Chief Executive Officer Emily Murphy urging Biden to be declared the winner.

“While there will be litigation, the outcome is clear enough to warrant a transition process,” the letter said.

The GSA said on Saturday, November 7, that the Administration "will confirm the obvious successful candidate after it becomes clear who won on the basis of the constitutional process," but is in no hurry to do so.

US President Donald Trump did not admit defeat and reported cases of electoral fraud, and his campaign headquarters filed a lawsuit challenging election results in some states.

On the subject: Not just the court: what can Trump do to challenge the election results

Biden's team is taking steps to prepare for his inauguration. In the coming days, Biden is expected to announce the candidacies of those who will occupy key positions in the White House during his presidency.

On a related website, Biden's team states that upon taking office, they will immediately focus on overcoming the coronavirus pandemic, boosting the economy, curbing climate change and overcoming systemic racism.

“We are ready to lead from day one, ensuring the Biden-Harris Administration can address the pressing challenges that lie ahead of us: protecting and preserving the health of our country, renewing our ability to succeed, advancing racial equality and combating the climate crisis. " the transition team said in a tweet.

Have there been such hitch before

David Marchik, who runs the non-partisan Presidential Change Center, said delaying the change of government has important real implications. Marchik cited as an example the delay in the transition to the George W. Bush administration following a Supreme Court ruling.

“This has slowed down the Bush administration's process of creating its national security team. Eight months later, 11/11 happened,” Marczyk said. “When the XNUMX/XNUMX Commission did its investigation, one of the things they pointed out was the slow pace at which the Bush administration brought in its national security team. And they said it limited the ability to respond.”

Marchik said the Americans want the outgoing and new administrations to work together on national security issues and on issues such as the distribution of the COVID-19 vaccine, and that "the sooner this collaboration begins, the better our multiple crises will be resolved."

 

After the 2000 elections, the GSA did not initiate a transition process in favor of George W. Bush until a Supreme Court decision was made to vote, and until Democratic candidate Al Gore admitted defeat.

Chris Lu, who served as interim director of President Barack Obama's transition committee in 2008, said the Administration's recognition of his candidate was not a problem at all.

“In 2008 this was not a problem at all. The results were announced at approximately 23:00 pm on election night, and approximately two hours later, I received a letter from the GSA Administrator confirming that Senator Obama had become President-Elect and we had begun the transition process,” he said.

 

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