As the 2024 presidential election approaches, recent changes to the Presidential Transition Act are poised to impact the transition process in the event of a contested outcome. If there is no clear winner declared later next week, Vice President Kamala Harris and former President Donald Trump’s teams will begin receiving regular briefings from the Biden administration.
The updated bill, which outlines protocols for the period between an election and an inauguration, was revised by Congress following the 2020 election to address challenges faced during the transition process. In the aftermath of Joe Biden’s victory, the then-General Services Administration head, appointed by Trump, had impeded the incoming Biden administration from accessing crucial government information.
The 2022 amendment to the Presidential Transition Act aims to prevent a similar scenario by allowing multiple eligible candidates to participate in transition activities if the election outcome remains uncertain for five days and neither candidate concedes. This means that both Trump and Harris’ teams could engage in transition efforts until the GSA determines an apparent successful candidate.
Given the tight race, the transition process may extend for an indefinite period as per the revised law, continuing until it is “substantially certain” who the winner is, considering factors such as the resolution of legal challenges and the overall circumstances surrounding the election.
A Biden administration official emphasized the commitment to a fair and equitable process, ensuring that both candidates have access to federal agencies and resources if a concession is not made within five days of the election. Agencies have made arrangements to accommodate transition teams from both candidates and are prepared to offer equal access to staff and resources as needed.
However, with only four days remaining until the election, Trump’s team has yet to initiate crucial steps for a potential transition if he secures the presidency, missing several key deadlines and raising concerns among Democrats and nonpartisan experts.
