evidence: The 12th Amendment mandates Congress assemble in joint session to count the electoral votes and declare the winners of the election.[15] The Electoral Count Act, a federal law enacted in 1887, further established specific procedures for the counting of the electoral votes by the joint Congress.[16] The session is ordinarily required to take place on January 6 in the calendar year immediately following the meetings of the presidential electors.[17] Since the 20th Amendment, the newly elected joint Congress declares the winner of the election; all elections before 1936 were determined by the outgoing Congress. [...] - ^ 3 U.S.C. § 15, Counting electoral votes in Congress - ^ Jalonick, Mary Clare (December 15, 2020). "EXPLAINER: How Congress will count Electoral College votes". AP NEWS. Archived from the original on January 6, 2021. Retrieved December 19, 2020.