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New law makes dueling presidential transitions possible
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New law makes dueling presidential transitions possible

By WILL WEISSERT

WASHINGTON (AP) — There will be 77 days between Election Day And inaugurationa period during which the president-elect can prepare his administration to take power from the president Joe Biden.

Long built on tradition and bipartisanship, the presidential election transition exploded into a point of political contention four years ago, after then-President Donald Trump made baseless allegations to contest your loss and its administration the launch of the transition process was delayed by several weeks.

This year, a new law aims to start the transition sooner, regardless of who wins. But if neither major party candidate concedes after Election Day, the updated rules will allow both camps to obtain additional government funding and logistical support to begin working toward the transition to power. This could lead to both VP Kamala Harris and Trump could bring dueling governments together for weeks.

“Rules can only take us so far, and ultimately it takes everyone in the system working toward a common goal,” said Max Stier, president and CEO of the nonprofit Public Service Partnership , who worked with candidates and incumbents on transitions. . “Everyone should have the common goal of ensuring that the transfer of power occurs smoothly and efficiently. And that requires cooperation that the law alone cannot impose.”

Here’s a look at how changes intended to solve problems four years ago might not solve upcoming problems this time around, and where the upcoming transition stands in the meantime:

What happened in 2020?

Asset lied on the widespread electoral fraud which did not happendelaying the start of the transition from one administration to the next in 2020, from Election Day November 3 to 23.

The head of the General Services Administration appointed by Trump, Emily Murphylooked at the 1963 transition law and determined that it had no legal authority to determine a winner — and begin funding and cooperating with a transition to a Biden administration — because Trump was still contesting the results in front of the courts.

The GSA essentially acts as an owner of the federal government, and it was not until Trump’s efforts to overturn the results of a free and fair election. had collapsed in key states which Murphy formally accepted” determine an elected president » and begin the transition process. Trump also finally posted on social media that his administration would cooperate.

What’s different this time?

Passed in December 2022, the Presidential Transition Improvement Act now requires the transition process to begin five days after the election, even if more than one candidate has not conceded.

This avoids lengthy delays and means “an ‘affirmative check’ from GSA is no longer a prerequisite for receiving transition support services,” according to the agency’s guidance on the new rules.

But the new law also requires the federal government’s support and cooperation for both candidates to begin a transition. It states that this support should continue until “significant legal challenges” that could change the election results have been “substantially resolved,” or when voters in each state meet in December to formally choose the winner of the election. electoral college.

That means the government will potentially provide enough support for both parties to prepare for an administration until mid-December – just about a month before Inauguration Day on January 20.