Twentieth Amendment: Terms begin in January

Under the original schedule, newly elected officials waited until March 4 to take office. Defeated officials stayed in power for four months, and a Congress that had just been voted out could still meet and pass laws. The Twentieth Amendment shortened this "lame duck" period: Congress now starts January 3 and the President January 20. It also set rules for a President-elect who dies or can't take office. In Williams, newly elected council members take office once the council adopts the official election results.

The text

The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.

Source: National Archives transcription Verified1

The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.

Source: National Archives transcription Verified1

If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.

Source: National Archives transcription Verified1

The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them.

Source: National Archives transcription Verified1

Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article.

Source: National Archives transcription Verified1

This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission.

Source: National Archives transcription Verified1

Section by section

• §1, end of terms. Terms of the President and Vice President end "at noon on the 20th day of January," and those of senators and representatives "at noon on the 3d day of January" Verified1.
• §2, annual meeting. "The Congress shall assemble at least once in every year," beginning January 3 "unless they shall by law appoint a different day." This replaced Article I, §4, clause 2 Verified1,2.
• §3, a President-elect who dies or isn't chosen. If the President-elect dies, "the Vice President elect shall become President." If no President has been chosen, or the President-elect "shall have failed to qualify," the Vice President-elect acts as President in the meantime. Congress may provide for the case where neither qualifies Verified1.
• §4, contingent elections. Congress can plan for a candidate's death while the House is choosing a President or the Senate a Vice President Verified1. See the Twelfth Amendment.
• §§5–6. §§1 and 2 took effect "on the 15th day of October following the ratification"; ratification had a seven-year deadline Verified1.

History

Congress first met under the Constitution on March 4, 1789. Terms ran from that date, so each new Congress and President started in March Verified2. Our reading: with elections in November, that meant four months in which officials who had lost could keep governing.

Congress proposed the amendment on March 2, 1932, and "Ratification was completed on January 23, 1933, when the thirty-sixth state approved the amendment" Verified2. Getting to the new dates meant shortening some terms once. The amendment "in effect shortened the terms of the President and Vice President elected in 1932" by the gap between January 20 and March 4, 1937 Verified2. Some sitting senators' and representatives' terms were cut short by the January 3–March 4 gap too Verified2.

Succession under §3

Acting under Section 3, "Congress passed the Presidential Succession Act of 1948," codified at 3 U.S.C. §19, for the case where neither the President-elect nor the Vice President-elect qualifies in time Verified2. For vacancies during a term, see the Twenty-fifth Amendment.

In Williams

The Twentieth Amendment sets federal dates only. California law has its own version for city offices:

• When a new council member takes office. "City officers holding elective city office shall hold office for their prescribed terms from the date of the installation of officers following adoption by the council of the official canvass of their election and until their successors are elected and qualified" (Gov. Code §36503) Verified3.
• What that means in practice. After a November election, current members keep serving until results are certified and the new members are installed Verified3. The city's council page lists some terms ending "November 2026" Verified4. Watch the council agenda after the election for the canvass and swearing-in. See Agenda watch.
• What we couldn't verify. We haven't confirmed the exact date the Williams council will adopt the November 2026 canvass. It will appear on a posted agenda.

Our reading: a new council can't vote until it's installed, so decisions made between Election Day and installation are made by the outgoing council. That's the same lame-duck gap the Twentieth Amendment narrowed for Congress.

Common misconceptions

• "Inauguration was always in January." It was March 4 until the Twentieth Amendment; the first January 20 inauguration followed the 1936 election Calculated2.
• "The 'lame duck' amendment ended lame-duck sessions." It shortened the gap. Congress can still meet after November elections before the new Congress starts on January 3.
• "Winners take office the day after the election." Federal officials take office on the dates in §1. Williams council members take office after the canvass is adopted Verified3.

Check yourself

Pick an answer for each question. You will see right away if it is right, and why.