Monday, July 18, 2022

Electoral Count Act

It may seem improbable, given adamant Republican opposition to legislation protecting voting rights, but a bipartisan group of senators is close to agreement on a separate, crucial way to protect our democracy: reforming the Electoral Count Act of 1887.

[...]

This week, the senators are expected to reach a deal on ECA reform. Trump revealed the ECA’s vulnerabilities by pressuring his vice president and congressional Republicans to invalidate electors appointed for Joe Biden in several states, as part of a plot to get them to appoint new electors for Trump.

Now, however, solutions to this threat are also being debated as part of ECA reform. According to two sources familiar with the talks, here are some of these solutions, though they’re in flux or could drop out entirely:
  • Presidential electors must be appointed by the manner the state’s laws dictated before Election Day. This would prevent a state legislature and governor from appointing sham electors after the voting.
  • If a state appoints a slate of electors before a deadline — the sixth day before the presidential electors meet — it overrides any electors appointed after that deadline. This would also avert post-vote shenanigans.
  • The governor of each state must certify the electors before that deadline. If a governor violates this duty, the aggrieved candidate can appeal to a three-judge panel of two circuit court judges and one district court judge.
  • The slate of electors deemed the legitimate one by the federal courts is conclusive.
  • Congress must count the slate of electors deemed the legitimate one by this revised process for states. This means if the federal courts deem one set of electors operative, Congress must count them, and must not count other electors, even ones certified by a state legislature or governor.
  • If an election is disrupted by a disastrous event, the state legislature cannot simply appoint electors. It can only extend the voting period. This averts another scenario — a legislature finds a pretext to declare the voters failed to reach a decision, and appoints electors itself — which the current ECA might allow.
It’s not at all certain these ideas will end up in the final product. A spokesperson for Sen. Susan Collins (R-Maine), a leader of the bipartisan group, said these contain “inaccuracies," and warned that talks are fluid.

  WaPo
I'm sure she has concerns.

...but hey, do what you want...you will anyway.

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