What happens to the electoral vote count if the President steps down before January 6, making the Vice President the new President and leaving the nation without a Vice President?

1. Can Congress still certify the election winner on January 6 without a VP to oversee the process, as required by law?

2. Would the process be delayed until a new VP is nominated and confirmed?

3. Could representatives object to the electoral vote count due to the absence of a VP?

4. Would Congress use another official to oversee the process, and would the legality of doing so require litigation?

Context: The winner of a U.S. presidential election is not officially determined until January 6, when Congress counts the electoral votes. On that day, the Vice President, acting as President of the Senate, oversees the certification process.

If the President resigns on January 1, the VP automatically becomes President under the Constitution and the Presidential Succession Act, leaving no VP in place. While the new President could nominate a replacement VP, Congress would need to confirm that nominee, which could take time.

If no VP is in place by January 6 and objections arise in Congress about the electoral vote count, the process could be delayed or disrupted. Without a completed electoral vote count, the new President and VP cannot be formally recognized.

Hypothetical Outcome: If the January 6 count is incomplete or fails to occur, the new President and VP would not be sworn in on January 20. At the same time, the outgoing administration’s term would expire, creating a power vacuum in the White House. This situation would lead to legal disputes, congressional stalemates, and a constitutional crisis.

Given with what happened following the 2020 election, it seems unlikely that Congress would allow such a delay.

They wouldn't try to delay the count again after 2020 right? /s

Unless they plan for a new January 6