You’ve seen the map. It’s late on a Tuesday in November, the screen is glowing red and blue, and suddenly a news anchor leans into the camera with that serious "breaking news" voice. "We can now project," they say, "that the state of Pennsylvania has gone to..."
At that moment, everyone breathes. One side cheers; the other side starts looking for a remote to throw. But here is the thing that’s kinda wild: nobody actually won yet. When we talk about who officially calls the election, we usually confuse "projection" with "certification." It feels official when the Associated Press (AP) or a major network puts a checkmark next to a name, but in the eyes of the law, those checkmarks have exactly zero legal power. They are just very educated guesses. Very, very educated guesses, mind you—the AP has been doing this since 1848—but guesses nonetheless.
If you want to know who actually pulls the lever that makes a person the President of the United States, you have to look past the TV studios and into a slow, grinding machine of paperwork, signatures, and constitutional deadlines.
The News Networks Are Not the Government
Let’s be real. We rely on the media because we’re impatient. We want to know who won before we go to sleep.
The Associated Press is basically the gold standard here. They don’t use "projections" in the way a psychic might; they use a massive network of over 4,000 reporters who literally stand in local election offices. These people are calling in numbers from whiteboards in rural counties and scraping data from official websites.
The AP Decision Team only makes a "call" when the math says it’s impossible for the trailing candidate to catch up. It’s pure arithmetic.
But even if every single news outlet on the planet says Candidate A won, Candidate A is still technically just a private citizen. The media "calls" the race to inform the public, but they don't have a badge or a gavel. They are just the messengers.
The Local Paper Trail: Where the "Official" Part Starts
The real, legally binding process starts at the county level. This is called the canvass.
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Basically, local election officials have to account for every single ballot. They check the mail-in envelopes. They verify the provisional ballots. They make sure the number of people who signed in at the poll matches the number of ballots in the box.
It’s tedious. It’s boring. And it’s the most important part of a democracy.
Once the county is done, they "certify" their results. This is a "ministerial" duty. That’s a fancy legal way of saying they don't get to choose whether they like the result or not. If the math is right, they have to sign the paper. Courts have been very clear lately: local officials cannot "pocket veto" an election by refusing to certify because they have a "gut feeling" about fraud.
The State Executive Steps In
After the counties are done, the results move up to the state level. Usually, this involves the Secretary of State or a Board of Canvassers.
By a specific deadline—for the 2024 cycle, it was December 11—the Governor of each state must sign a Certificate of Ascertainment.
This document is the first "official" declaration. It lists the names of the electors who will represent the state in the Electoral College. It has the state seal on it. It’s the real deal. If you’re looking for the person who "calls" the election in a specific state, it’s the Governor signing that piece of paper.
The Electoral College: The Decembers Meeting
Most people think Election Day is in November. Legally, the actual election for President happens in mid-December.
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On the first Tuesday after the second Wednesday in December (yes, the law is that specific), the electors meet in their respective states. They cast physical ballots for President and Vice President.
- They sign six copies of a "Certificate of Vote."
- They pair these with the Governor's "Certificate of Ascertainment."
- They mail them via registered mail to Washington D.C.
One copy goes to the President of the Senate (the Vice President), and another goes to the Archivist of the United States. If the mail gets lost, there’s a whole backup plan involving federal judges and messengers, but usually, the post office gets it there.
The Final Boss: The Joint Session of Congress
This is the moment everyone watched on January 6, 2021. This is where the election is "officially" called at the federal level.
The Vice President, acting as the President of the Senate, presides over a joint session of the House and Senate. They open the mahogany boxes containing the certificates from the states. Tellers (members of Congress) read the results out loud.
The Electoral Count Reform Act (ECRA) of 2022
Things changed a bit recently. After the chaos of the last few years, Congress passed the ECRA to clarify the rules. It basically says:
- The Vice President’s role is purely "ministerial." They are basically a glorified MC. They can’t "reject" votes or decide which ones count.
- It’s much harder for individual members of Congress to object to a state's results. Now, you need 20% of both the House and the Senate to even bring an objection to the floor.
- The Governor’s certification is considered "conclusive" unless a court says otherwise.
Once the count reaches 270 electoral votes for a candidate, the Vice President announces the result. That is the official call. At that exact moment, the person becomes the President-elect.
What if it’s a Tie?
Honestly, this is the nightmare scenario for political junkies. If nobody gets 270 votes (maybe because of a 269-269 tie or a strong third-party candidate), the election goes to the House of Representatives.
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This is called a contingent election. But here’s the kicker: the House doesn’t just vote normally. Every state gets one vote.
California, with its 39 million people, gets the same one vote as Wyoming, with its 580,000 people. The representatives from each state have to huddle up and decide who their state is supporting. To win, a candidate needs 26 states.
It hasn’t happened since 1824, but the law is still on the books.
Summary of the "Chain of Command"
If you're trying to keep track of who is actually in charge of the "call," here is the flow:
- Election Night: News networks (like AP, CNN, Fox) make projections. These have no legal weight but are usually right.
- November - Early December: Local and state officials certify the popular vote. This is the legal foundation.
- Mid-December: The Electoral College meets and casts the only votes that technically count for the Presidency.
- January 6: Congress counts those votes. The Vice President officially declares the winner.
Actionable Insights: How to Track the Real Results
If you want to move past the "noise" of cable news and see the official process in action, here is what you can do:
- Bookmark the National Archives Electoral College site. They post the actual "Certificates of Ascertainment" from every governor as they come in. You can see the actual signatures.
- Check your Secretary of State’s website. Most states have a "Certified Results" page that goes live about 2 to 3 weeks after the election. That is the final, legally audited number.
- Watch the January 6 joint session. It’s usually broadcast in full on C-SPAN. It’s the final step of the American democratic process.
- Ignore the "victory" speeches. Candidates often "call" the election for themselves. Legally, it means nothing. A concession speech is a tradition that helps the country move on, but even if a candidate refuses to concede, the certification process moves forward regardless.
The system is designed to be slow because it’s designed to be hard to break. While the TV screen might flash a name at 11:00 PM, the "official" call is a relay race that takes over two months to finish.