When people think of Federal presidential elections and the Electoral College, they do not typically think of the role of archivists. Nonetheless, the National Archives and Records Administration (NARA) plays a critical role in collecting documents, ensuring that everyone who needs them has them, and finally keeping them for prosperity.

Before 1950, the Department of State was in charge of the entire process, but President Harry S. Truman changed the responsibility to NARA.

NARA’s Office of the Federal Registrar (OFR) “coordinates certain functions of the Electoral College between the States and Congress,” a staff member from National Archives Public and Media Communications told LJ. “The only duties the Archivist (and thus OFR) [have] are to accept Certificates from the States and District of Columbia and to transfer Certificates to Congress upon request.”

The two key documents are the Certificates of Ascertainment and the Certificates of Vote. Katerina Horska, Director of Legal Affairs and Policy of the OFR, explained. “They are part of the official records of the votes of the states for the president and vice president as part of the Electoral College process. The Certificates of Ascertainment appoint the electors and the Certificates of Vote record the official electoral vote.”

So how does the OFR perform this critical task? According to the Archive’s pamphlet about the process, in the months before the election, the legal staff of the OFR prepare letters and instructions that will be sent to all governors and the Mayor of District of Columbia to help them fulfill their responsibilities after the election. During this time, they also establish contacts in each state and DC.

Between when the election takes place and the meeting of the Electoral College (December 14 for the 2020 election), the governors of each state and the Mayor of DC prepare seven Certificates of Ascertainment with two certified copies (or nine total original Certificates) with their signatures and state seals. After the election is finalized in a state, governors should submit these Certificates “as soon as practicable,” according to the Archive’s pamphlet.

By law, certificates need to contain the following information, according to Horska:

• “List the names of the electors chosen by the voters and the number of votes each received.
• List the names of all other candidates for elector and the number of votes each received.
• Be signed by the Governor (auto-pen signatures or stamps are not permitted).
• Carry the State seal.”

One original and two certified copies (or two originals if there were nine Certificates made) are then sent to David S. Ferriero, the Archivist. Jessie Kratz, historian of NARA, explained to NPR that “These certificates are the link between our popular vote and the electoral vote.”

When the OFR receives the Certificates, the OFR legal team reviews them to make sure they fulfill all the requirements and then works with states if there are any issues. When a Certificate passes muster, it is posted to the NARA website next to the State’s Electoral count. The appearance can differ between different Certificates.

Six days before the meeting of the Electoral College, December 8 for the 2020 election, is the cut-off for any issues, known as the Safe Harbor. It’s the deadline when all challenges to state level elections ought to be done.

When the Electoral College meets on December 14 (the first Monday after the second Wednesday of December), the electors meet in their states and submit their votes for the President and Vice President. The votes are recorded on six Certificates of Vote. Two sets of each go to the Archivist, one to the President of the Senate, two to the Secretaries of State of each state, and one to Chief Judge of the Federal District Court where the electors meet.

Horska explained, “Ultimately, it is Congress that must receive their pair of Certificates for the votes to be counted. The other distributions are mainly to make sure that Congress is able to receive back up copies if needed.”

NARA's blog continues: “In early January, the votes are counted before a Joint Session of Congress, which certifies the election.” Before the January meeting, the OFR makes sure that the Senate has all copies and works to get any missing ones. In total, there should be 51 sets of Certificates, one pair for every state and DC.

Finally, the Archives receives an original Certificate and Vote Tallies for each state. “We’re collecting these certificates and we’re making them available to the public. And then we also after the election, we keep them forever and so people can come look at election results that happened 50 years ago, one hundred years ago, and they’re available for public use,” Kratz explained.

Kratz concluded, the role of NARA and the Archivist is “bureaucracy and it’s paperwork, but I think it’s really necessary and it’s part of the democratic process.”