Is there a scenario in which Congressional Republicans can be forced to vote for Rep. Alexandria Ocasio-Cortez as vice president so President-elect Donald Trump can be sworn in as president? No, that's not true: Even if President Joe Biden resigned before his second term ends in 2025, thus temporarily making Vice President Kamala Harris president, Congress would have to approve her pick for the next vice president, including Ocasio-Cortez. Should the majority-Republican House and Senate choose to keep the vice presidency open, the president pro tempore of the Senate, Rep. Chuck Grassley, would preside over the January 6, 2025, official counting of presidential electoral college votes, certifying the presidency.
The claim appeared in a post on Threads (archived here) on December 31, 2024. It read in part:
Their candidate can't legally become President if the Vice-President doesn't count the votes on January6th. So they hold their noses and make AOC Vice-President. She gets sworn in and confirms the votes, as required by the Constitution.
Here is what the post looked like on Threads at the time of writing:
(Source: Threads screenshot taken on Fri Jan 3 18:54:42 2025 UTC)
Lead Stories conducted a search for "Biden resignation December 2024" (archived here) on the official White House statements and news releases (archived here). As of January 3, 2025, there is no public evidence that Biden is considering resigning before the end of his term to make Harris the 47th President of the United States.
But the post's theory argues if that did happen, Harris could appoint Congresswoman Ocasio-Cortez (archived here) as vice president and force Congressional Republicans to approve her selection because the vice president is needed to certify Trump's election victory.
There is no scenario in which this sequence of events would occur.
According to Section 2 of the 25th Amendment (archived here) to the Constitution, any appointment for vice president would require the approval of a majority of the U.S. House and Senate:
Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.
Republicans have majorities in both the House and the Senate. However, no scenario would force them to accept an unwanted vice president to ensure that Trump is sworn in as president.
Article I, Section 3, Clause 4 (archived here) of the Constitution gives the vice president the responsibility of presiding over the Senate:
The Vice President of the United States shall be President of the Senate.
Article II, Section 1, Clause 3 (archived here) of the Constitution also spells out how the president of the Senate is in charge of presiding over the counting of Electoral College votes for president and vice president:
President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificares, and the Votes shall then be counted.
Page 780 of the Consolidated Appropriations Act of 2023 (archived here) clarified the president of the Senate's role is limited to "solely ministerial duties."
Except as otherwise provided in this chapter, the role of the President of the Senate while presiding over the joint session shall be limited to performing solely ministerial duties.
However, the Constitution does not limit the vice president to preside over the official certification of presidential votes. That's because the Constitution requires the Senate also select "a President pro tempore, in the absence of the Vice President" (archived here).
If no vice president presides over the official counting of electoral college votes on January 6, 2025 (archived here), the president pro tempore will take over that duty. Republican Senator Chuck Grassley (archived here) holds that role as of this publication.
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Other Lead Stories fact checks on claims involving elections in the U.S. can be read here.
For more Lead Stories fact checks on claims involving Alexandria Ocasio-Cortez, click here.
