How executive powers are transferred after a presidential election

Determining a transition chair (or chairs) is one of the first big decisions presidential candidates make in coordinating a potential transition, and these individuals are generally identified during the spring of an election year. People in this position are responsible for overseeing the entire transition process and coordinating key transition goals with the candidate.

The process of assembling the staff of a president-elect's key transition team also begins before election day to find out which employees need to be vetted, which congressional personnel can work during the transitionary period, and if the new staff members will need special security clearances. However, only the foremost transition period leaders need special Federal Bureau of Investigation (FBI) security clearance and background checks before starting their roles. Common roles that need to be filled include communications manager, legislative affairs leader, and legal counsel.

These goals can encompass many things, from setting time targets and goals for building a policy platform based on campaign promises to setting goals for when to fill new political appointments. These can range from goals that need to be met immediately after the election to goals that should be met within the president's first 100 to 200 days in office.

Every presidential candidate runs on a series of policy initiatives that they promise supporters they will implement once in office—from financial policies to federal defense policies. It's then up to a candidate's head of policy implementation to determine which of these campaign promises should be prioritized during the transition process to keep the new president's approval ratings high and enact these policies early on in the new administration.

Because the vast majority of political appointments under a new president require Senate approval, forming strategic alliances and partnerships with politicians, stakeholders, and foreign leaders is essential. With those ties in place, dealing with approving appointees, receiving new policy papers and queries, and handling other pressing matters can be accomplished in a calmer and more timely manner.

Once the GSA determines a new president-elect, they provide that person and their transition team with transition staff funding, office space, access to government services, and more. However, they must issue an official "ascertainment" letter verifying that the non-incumbent presidential nominee is the winner—which proved difficult in 2020 when President Trump refused to acknowledge that Democratic candidate Joe Biden had won the election.

These roles are distinct from other political appointments since White House staffers don't require Senate confirmation before entering their roles. The White House chief of staff is generally one of the first roles filled after the election ends. They will oversee filling necessary White House positions during the transitionary period.

Before a new president is inaugurated, it's up to the incoming administration's transition team to visit over 100 federal agencies to assess their current operations and staffing needs. The team then goes about planning for how the incoming president will manage each agency during the new administration and which political roles need to be filled.

One of the first major policy documents that many new administrations release is the presidential budget, which details how a new administration will spend federal funds once in office. Due to the Omnibus Budget Reconciliation Act of 1990, the president's budget for the upcoming fiscal year must be submitted by the first Monday in February.

In the weeks between the November election and January inauguration, the president-elect faces a tight schedule filled with travel, intelligence briefings, policy agenda meetings, and more. As such, the transition team must devise a comprehensive schedule for the president-elect and other key transition team members.

The transition process received more attention after the Pre-Election Presidential Transition Act of 2010 was passed. It required the GSA to provide more official support to the president-elect's transition teams. For that reason, it's vital that a communications strategy is determined for when the transition team will inform Congress, the press, and the public about key transitionary policy decisions and appointments. This also involves setting up the official White House social media accounts before Inauguration Day.

When a non-incumbent candidate wins a presidential election, there's an expectation that the incumbent president will work with the president-elect to communicate and share classified resources effectively throughout the transition process. While President Trump initially refused to acknowledge Joe Biden's win, President Obama opened up the White House to Trump shortly after his 2016 win, saying, "I have instructed my team to follow the example that President Bush's team set eight years ago, and work as hard as we can to make sure that this is a successful transition for the president-elect."

A president-elect generally chooses to focus on highlighting and implementing legislation related to two or three key campaign issues in their first 100 to 200 days in office. To do so, a management agenda should be established, and further policy priorities should be fleshed out during the transition process so that they can be accomplished early and keep the new president's approval rating high. For instance, Biden promised to build back the Affordable Care Act, which he blamed the Trump administration for repeatedly attacking.

Because new administrations typically appoint new nominees to fill major political positions, incumbent political appointees in these positions are expected to tender their resignation shortly after the election results are certified. For instance, during her presidential run in January 2020, Sen. Elizabeth Warren said that she would ask for the resignations of every political appointee of President Trump by her first day in the White House.

During a new administration, the head of presidential appointments will sometimes need to collect information on and name candidates for around 4,000 new political appointments under the latest administration. Around 1,200 of those roles require Senate confirmation.