Electoral Count Act Reform

A Washington Post op-ed outlines a plan for reforming the Electoral Count Act. The Electoral Count Act, a federal 1887 statute that regulates how presidential electoral votes are officially counted and transmitted to Congress in the United States. The statute has been ineffective and long-overdue for reform. To put it simply, the 2020 election demonstrated that the statute could be used to steal elections. However, the risks of the law should be obvious from the previous election when Democratic lawmakers called for the ballots to be withdrawn. To avoid potentially disastrous scenarios, Congress must act immediately to shut down that door. This is why it’s so unacceptable for both Republican leaders and Democratic politicians to continue to drag on the issue.

Ned Foley (Mike McConnell), Rick Pildes (Rick Pildes) and Brad Smith wrote an opinion piece that laid out the framework for reform. This is the starting point.

A revision to the Electoral Count Act is necessary in order to prevent the occurrence of another similar event. This could happen if either party tries control of the outcome of a highly contested presidential election.

Whenever there is just one submission of electoral votes from a state — in other words, no competing slates of electors — Congress should disavow any power to question those electoral votes on the ground that there was something wrong with the popular vote upon which those electors were appointed. The state can decide who wins the state, and the policies are established before the election. Congress cannot accept the electoral votes of that state.

This is only the beginning. The whole article is available here.