The Role of the President Pro Tempore of the Senate in Electors' Vote Counting: Historical Context and Constitutional Mandate

The 1948 and 1964 presidential elections share a unique feature when it comes to the counting of electoral votes. In these and other instances where there was no sitting vice president, the President Pro Tempore of the Senate presided over the electoral vote count on January 6. This article delves into the historical context and constitutional framework that establishes this role.

Historical Precedent and Vacant Vice Presidency

Historically, when the vice presidency remains vacant, the President Pro Tempore of the Senate assumes the role of presiding over the electoral vote count. This is not an unusual situation; prior to the ratification of the 25th Amendment in 1967, the vice presidency was left vacant 16 times. This blank in the executive branch occurred due to various reasons, including deaths of vice presidents, resignations, and the succession of vice presidents to the presidency mid-term.

Deaths of Vice Presidents

Seven vice presidents died in office, including figures such as George Clinton, Elbridge Gerry, William King, Henry Wilson, Grant, Thomas Hendricks, Cleveland, Garret Hobart, McKinley, James Sherman, and Taft. These events left the position vacant, prompting the Senate to step in.

Resignations and Successions

One vice president, John C. Calhoun, resigned from office. Additionally, eight vice presidents, including John Tyler, William Henry Harrison, Millard Fillmore, Andrew Johnson, Lincoln, Chester Arthur, Garfield, Theodore Roosevelt, McKinley, Calvin Coolidge, Harding, Harry Truman, and Franklin D. Roosevelt, succeeded to the presidency due to the death of the sitting president and thus had no vice president during their terms. In these cases, the Senate's role was crucial.

Constitutional Mandate

The United States Constitution, specifically Article I, Section 3, Clause 5, mandates that the President Pro Tempore of the Senate presides over the opening of electoral votes. It does not mention the vice president in this context, but rather refers to 'the President of the Senate.' This clause ensures the continuity of this process even in the absence of a vice president. The Constitution clearly anticipates this situation, stating that the Senate shall choose a President Pro Tempore to assume the role.

Article II of the Constitution further reinforces this by specifying that 'the President of the Senate' (again, potentially the President Pro Tempore) shall open the certificates of electors. This clause underscores the Senate's primacy in the electoral process, independent of the vice president's status.

Modern Precedents and Practical Implications

Recent history has seen instances where the lack of a vice president resulted in the Senate taking the lead. It has also been noted that the President Pro Tempore may preside even when the vice presidency is not vacant but the vice president chooses not to. This adaptability is crucial for ensuring the smooth functioning of the electoral process.

Presidential Pro Tempore's Role

The President Pro Tempore's role in these situations is not just ceremonial. They are elected by their peers, the Senators of the United States, and their expertise and leadership are vital during these critical times. Their selection underscores the democratic nature of the process and the Senate's responsibility in upholding the Constitution.

Conclusion

In the context of the 1948 and 1964 presidential elections, as well as other historical instances, the President Pro Tempore of the Senate presided over the counting of electoral votes due to the lack of a vice president. This role is firmly grounded in the US Constitution and reflects the Senate's pivotal role in the democratic process.

While recent history may provide insight into modern situations where the role has been filled, the Constitution's provisions ensure continuity and adequacy in handling such critical moments. Understanding this historical context and constitutional mandate is essential for ensuring the integrity and fairness of the electoral process.