If the U.S. government experiences a shutdown during the presidential certification process, the handling of the certification would generally continue due to specific legal provisions and historical precedents:
Essential Functions: Under the Antideficiency Act, certain government functions, including those related to the constitutional duties of Congress, are considered "essential." This means that activities like the certification of electoral votes would proceed. Members of Congress are not subject to furlough due to their constitutional responsibilities, and there is a permanent appropriation for their pay, ensuring they can continue to perform their duties.
Presidential Certification Process: The Electoral Count Reform Act and other related laws outline the process by which the Electoral College votes are certified by Congress. This process involves the President of the Senate (the Vice President) presiding over a joint session of Congress to count and certify the electoral votes. Given that these are constitutional duties, they would not be halted by a government shutdown. The certification still needs to occur by January 6, following the election, unless there are significant disruptions or legal challenges.
Historical Precedent: There's no direct precedent for a shutdown overlapping with the specific date of presidential certification, but past shutdowns have shown that essential services and constitutional duties continue. During shutdowns, agencies involved in law enforcement, national security, and other critical services maintain operations, which suggests that the legislative branch would also maintain its core functions like election certification.
Potential Disruptions: While the formal process would likely continue, a shutdown could lead to logistical challenges. For instance, support staff might be furloughed, which could impact the efficiency or public transparency of the process. However, the core act of certifying the votes would still be carried out by Congress members who would be present and functioning.
Therefore, even in the scenario of a government shutdown, the certification of the presidential election results would proceed as mandated by the Constitution and federal law, with the necessary personnel present to execute this duty.