Following the Supreme Court's decision not to take up "Texas v. Pennsylvania", and the Electoral College's certification of the election results, Fortenberry recognized Joe Biden as President-elect, and congratulated him on his victory. He voted against invalidating the election results on January 6, 2021, stating, “As much as I supported President Trump to win, I believe the proposed remedy to election irregularities is inconsistent with my legal obligation and the guidance of my conscience. I took an oath to uphold the Constitution. My decision is consistent with that oath. I will vote to certify the election.”