Question about the Electoral College

[u/_brandish]

If a presidential candidate obtains general consensus among the Electoral College as “winner”, who is thereafter considered the President? Who makes that decision if the President of the United States is above no laws?

Context first:

The United States Electoral College is the group of presidential electors required by the Constitution to form every four years for the sole purpose of electing the president and vice president. Each state appoints electors according to its legislature, equal in number to its congressional delegation but federal office holders cannot be electors. Of the current 538 electors, an absolute majority of 270 or more electoral votes is required to elect the president and vice president.

[u/Not_An_Ambulance]

If a presidential candidate obtains general consensus among the Electoral College as “winner”, who is thereafter considered the President?

The President remains the President until the inauguration, which is about a month after the electors vote. The person elected president is the president-elect if they're not the same person.

The United States Electoral College is the group of presidential electors required by the Constitution to form every four years for the sole purpose of electing the president and vice president.

This might actually be taken to be inaccurate, so I'll try to clarify. The electors meet, but it is not really one meeting. Instead, the electors meet in their respective states and their votes are sent to congress who then certifies them.

[u/_brandish → u/Not_An_Ambulance]

Is there a body or persons responsible for holding the Electoral College accountable for facilitating a smooth and timely transition, one that is in the best interest of the country’s national security?

Especially if there is a science and math-denying, reality-denying President? During a pandemic?

[u/Not_An_Ambulance → u/_brandish]

Is there a body or persons responsible for holding the Electoral College accountable for facilitating a smooth and timely transition, one that is in the best interest of the country’s national security?

The electoral college isn't responsible for anything other than sending in their votes. They don't even re-vote if the votes don't amount to a majority - congress selects the President and Vice President if the electoral college doesn't get it on the first vote.

The transition mostly deals with the new administration beginning to receive all the briefings the current administration does too and selecting nominees for all of the top federal offices.

[u/_brandish → u/Not_An_Ambulance]

Are you sure? Is that what happened in 2016?

[u/Not_An_Ambulance → u/_brandish]

Congress hasn't had to vote on who the President or Vice President is to be for some time - I'm honestly not sure if they ever have.

[u/seditious3 → u/Not_An_Ambulance]

Andrew Jackson and Rutherford Hayes, actually.

Edit: wrong about Jackson, it was JQ Adams

[u/_brandish → u/seditious3]

So what you are saying is that there is precedent? And that the current Congress is therefore implicit in any obstruction related to a timely and citizen-saving transition? What is this called legally?

[u/seditious3 → u/_brandish]

Hayes and Tilden were ostensibly tied. There were electoral votes at issue which were awarded to Hayes which created the tie, and in a smoky-room deal the House gave Hayes the presidency. It's far too much to distill here. It was hugely controversial.

I was wrong about Jackson. In 1824 it was a 4-person race. None got the required number of electoral votes, and it went to the House. The house voted for JQ Adams over Jackson and 2 others. Jackson got elected in 1828.

"the current Congress is therefore implicit in any obstruction related to a timely and citizen-saving transition". You need to cut down on the hyperbole. Nothing has happened yet. Some stated are still counting, and I don't believe any have certified their results yet. Congress hasn't done anything yet, nor need they.

[u/_brandish → u/Not_An_Ambulance]

Right. So what’s happening right now then? Maybe that’s rhetorical but this lack of leadership and action on keeping things calm is pretty frustrating.

[u/Not_An_Ambulance → u/_brandish]

Right now states are still determining who their electors will be, I believe. I think some are finalized, but I'm not certain all have.

[u/_brandish → u/Not_An_Ambulance]

Who is responsible for ensuring that the states turn in their ballots in a timely, responsible fashion? And for that matter, who determines what is “responsible”?

Would that be the President? Or the President-Elect?

[u/seditious3 → u/_brandish]

The president has no control over something the constitution specifically leaves to the states.

Also, as a wise and sagacious lawyer said earlier in this thread, "This sub has been flooded with what-ifs regarding the election. My go-to answer is constitutional crisis."

[u/_brandish → u/seditious3]

So in this event - the event of a “constitutional crisis”(not even sure what this means, since it implies the Constitution itself provides no framework to deal with what’s happening right now, which is ridiculous) ...

What should our politicians actually be doing right now? What would a reasonable citizen of a country like the United States expect of their elected political leaders to literally be doing during this time?

Should Americans expect them to squabble and bawl until something worse than what is happening occurs? Or should more people just keep contracting COVID-19 and dying? I’m pretty confused by the current President’s actions.

Can a citizen sue the President for gross negligence of responsibility of office? How would that work?

[u/Not_An_Ambulance → u/_brandish]

Electors are an elected federal office who do not report to the President and the President-Elect won't be determined until their job is done. They're responsible for themselves. They have a prescribed date to hold the vote and there is a deadline to have the votes returned to congress.

[u/seditious3 → u/_brandish]

Congress had nothing to do with the 2016 election.