All rights reserved. But some of the smaller states are also Democratic. ELVING: If those states have enough electoral votes between them that it can't be determined that there is a majority for one candidate - and that has happened in our past back in the 1800s - if that should happen again in the 21st century, then it goes to the House of Representatives where each state delegation gets one vote - not each member of the House, but each state delegation gets one vote. Presidential transitions are vitally important, incredibly difficult, and largely unknown. So it was almost a given that Biden would tap Kaufman to lead preparations for his potential administration. This arrangement is important for two reasons. Biden, an old-school pol, was one of those candidates who has needed convincing. INSKEEP: NPR's Ron Elving, thanks so much. But it was a political reality.”. Kaufman regularly gave speeches on the Senate floor singling out obscure bureaucrats for a job well done as part of a larger “Great Federal Employees” initiative. Congress even named the law after them — the ”Edward ‘Ted’ Kaufman and Michael Leavitt Presidential Transitions Improvements Act.”, “He was most passionate about the needs for candidates to understand that it’s not an option, it’s an obligation,” Leavitt recalls. This included providing appropriate information and advice; assistance in building, retaining and enhancing appropriate relationships; and facilitation of appropriate activities during the transition. Is there a legal deadline by which the states need to report what the result was so the electors know how to vote? Well, somewhat, undeniably. Transitions can be challenging even under the best circumstances. That year, Congress passed the Presidential Transition Act (PTA), which is central to how modern transitions are run. And maybe there could be a close delegation here and there where the results of November 3 have to be official before we even know who their House representatives are. And there are still some ballots coming in in any election after election night, absentee ballots and so on. INSKEEP: So the president raising the baseless concerns there of widespread fraud. He has friends in the center, who say he and Biden share the same strand of moderate politics. “It hasn’t always been like this. One last consideration counsels calm. The arrangement proceeds only if the agency head approves. In addition, the GSA has provided office space in Washington for the Biden team and negotiated, as the PTA requires, a memorandum of understanding with the Biden team that will be signed if and when it is apparent that Biden has won the election. So one cannot be too reassured. Asked if he still supported keeping the filibuster, Kaufman did not respond. It won't happen. But overall, the transition is a setting in which the independence of the incoming administration and the participation of career officials will limit the damage the outgoing president can cause. Add in his petulance and expected fury at the outcome, and there is surely reason to fear the havoc the president and his team could wreak on their way to the exits. We do not mean to be Pollyannaish. This law—and its many amendments, the most recent of which was enacted just this year—provides millions of dollars in funding for transition operations and requires the government to support potential incoming administrations with information, expertise, and direct assistance. The civil service—technocratic, objective, neutral, and around for the long haul—is an insurance policy in many ways, of which its central role in the transition is just one. ELVING: Generally on election night the news people all say they think they know who won. Chris Wallace put the same question to Joe Biden, who said he would wait for results. It was widely understood that that “senior representative,” who also heads transition activities within her agency, would be a career official, and the Obama executive order creating the 2016 council specified the same.
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