In the United States, it may take several days to complete the counting process after the presidential election votes are cast. However, the winner’s name usually begins to become clear from the early hours of the day after the election.
According to the 20th Amendment to the U.S. Constitution, following the November elections, the new president is inaugurated and takes the oath of office on January 20 at noon, officially becoming the head of state. The previous president remains in power until 11:59:59 AM on that day.
The inauguration of the new president takes place at an event in front of the Capitol Hill building in Washington, D.C. However, there is a specific interim period before the new leader officially takes power. This period aims to give the new president time to prepare their plans and appoint their cabinet.
In the United States, presidential elections occur every four years. A new president comes in, and the old president departs. But what happens during the transition period between their departure and arrival? How does the transfer of power and responsibilities occur?
According to CNN, the transfer of power is typically carried out smoothly in the U.S. The incoming elected president has less than three months to prepare before their inauguration. In this case, the outgoing administration needs more preparation than the newly elected president. The guidelines for the transfer of power are outlined in the Presidential Transition Act enacted in 1963.
Preparations for the transfer of power in America begin well in advance. The entire process is described on the Presidential Transition website. According to the information provided there, specific rules must be followed by the federal government in accordance with the 1963 Presidential Transition Act. This process begins one year before the announced election date, meaning that preparations for this year’s election started in November of last year.
One year before the presidential election, the General Services Administration (GSA) creates a transition directory based on information from various federal agencies. Following this, they prepare a comprehensive summary of data related to the transition.
The second phase begins six months before the election, in May. In May of the election year, the president will establish the White House Transition Coordinating Council. The chief of staff will lead this council, which will include senior officials from the White House. This council will provide observations and guidance on the transfer of power to various agencies and federal transition coordinators. Each agency will have a top official who will oversee the transfer of power for that agency. This individual will serve as the transition director for their agency, representing it in the Agency Transition Directors Council (ATDC), which consists of similar directors from different agencies. The ATDC will hold regular meetings. During this phase, the federal transition coordinator from the GSA will report to the Senate Committee on Homeland Security and Governmental Affairs and the House Committee on Oversight and Reform regarding preparations for the transition.
From August to November, work will continue with the candidates who received nominations in the primaries. During this time, the GSA will arrange office space for the top candidates for three business days. The federal transition coordinator will regularly report on progress to the relevant committees in the Senate and the House of Representatives.
By September 1, the GSA will reach memorandum agreements regarding various official services with potential top contenders. By September 15, the heads of various agencies will finalize transition plans for various positions. By October 1, the GSA will have agreements in place with the candidates’ transition teams and will reach agreements on implementing the transfer of power and publicly announcing related plans from their respective teams. By November 1, the Agency Transition Directors Council will prepare statements regarding the transfer of power.
This covers the preparations related to the transfer of power before the election. If there is a change in administration after the election, the GSA will allocate office space and ensure necessary services for the elected president and vice president’s transition teams. This support will continue for 60 days after the new president’s inauguration.
Immediately after the inauguration, a classified document related to national security will be handed over to the new president. Furthermore, 30 days before the transfer of power, the GSA will arrange special services for the outgoing president and vice president to ensure their departure is smooth. This service will continue for seven months after the transfer of power.
Senator Ted Kaufman shared his experiences with these regulations in an interview with the BBC, having been involved in the transfer of power process. He stated, “The West Wing of the White House is such a place that entering it gives you goosebumps. Its history and the responsibilities it holds evoke a different feeling. You realize you are engaged in a task that will determine the future direction of the United States.”
When Barack Obama won the presidential election in 2008, Ted Kaufman was the chief political advisor to then-Vice President Joe Biden. He said, “The early days of a new administration are an incredible experience. I was involved during that transition time in 2008. Barack Obama and Joe Biden had just won the election three days prior. I started meeting with a group of 10-12 people in a room, discussing who would be the Secretary of State, who would be the Attorney General, and what issues we needed to tackle. I was regularly sitting down with President Obama, Vice President Biden, and a few others, planning these things. It was one of the best times of our lives.”
A fundamental aspect of American democracy is the peaceful transfer of power. The U.S. Constitution states that elections must be held on the Tuesday after the first Monday in November, and the president takes the oath of office on January 20. As a result, the time for those coming into the new government to prepare is just about 70 days. And this change is not limited to just two individuals.
Ted Kaufman remarked, “We have a vast bureaucracy. However, at the highest level, there are about 2,000 positions in the federal government, and a new president comes in and changes this. It’s much like a large corporation. When you enter as the new CEO of General Motors, approximately two thousand managers are exiting through the back door. So you have to hire two thousand new managers while simultaneously running the organization, making new cars, selling them, and advertising—doing all of it.”
History shows that some transfers of responsibility have gone very well. One notable instance was Barack Obama taking over after George W. Bush, which occurred in a very cooperative environment despite an economic crisis. However, the previous instance, when George W. Bush took over after Bill Clinton, was quite the opposite and was not cordial at all.
When Republican George W. Bush narrowly won the election in 2000, his team found various traps laid out in the White House. Items were broken, and various schemes to trick and mock them had been set up, reportedly left by the Democratic President Bill Clinton’s staff. Every president has to navigate various difficulties during their first few weeks.
Ted Kaufman said, “The transition process begins as soon as the major party candidates are finalized in August. Every department of the federal government must create a plan for the transfer of power.”