Should Congress Reform the Electoral Count Act?
Summary from the AllSides News Team
In the weeks leading up to the one-year anniversary of the Jan. 6 Capitol riot, many in Congress and the media discussed reforms to the Electoral Count Act of 1887.
On Wednesday, Politico (Lean Left) reported that Senate Minority Leader Mitch McConnell was open to “discussing” reforms to the law, which regulates when and how electoral college votes are counted and certified. Furthermore, Senate Minority Whip John Thune told Axios (Center) that there was “some interest” in reform among Republicans. At issue is the law’s language, which has been described as “unintelligible,” “ambiguous” and “convoluted.” In December, The New York Times (Lean Left) quoted Reps. Adam Schiff and Liz Cheney, who said the House Jan. 6 Committee would recommend reforms to the law. The Electoral Count Act was passed in 1887 in response to electoral disputes during the 1876 presidential election.
Most voices across the spectrum seemed to agree that reforming the Electoral Count Act was a good idea. One writer in Politico said reforms might not matter because “a future Congress might simply ignore them.” Some voices described reforms as “Trump-proofing” the next election.
Featured Coverage of this Story
From the Center
How Congress can fix the Electoral Count ActWe are scholars of election law who span the ideological spectrum but agree on two fundamental principles to help avert potential political upheaval in the aftermath of the 2024 presidential election.
First, to avoid a repeat of Jan. 6, or worse, Congress must rewrite the Electoral Count Act, the outmoded 1887 law that governs the certification of the presidential vote. There is a pressing need for a clear set of rules to govern the certification of the presidential vote.
Second, this revision should be based on the premise that Congress...
From the Left
Why progress on the Electoral Count Act might be possibleIt's no secret that John Eastman, a Republican lawyer on Donald Trump's team in the aftermath of the former president's defeat, wrote an infamous memo intended to help overturn the results. What's less known is why Eastman thought his scheme would work.
As regular readers know, the GOP attorney was convinced that then-Vice President Mike Pence, rather than honor the results of the election, could exploit ambiguities in the Electoral Count Act of 1887 and set aside the Electoral College votes of seven states.
Eastman's scheme, obviously, didn't work — but that doesn't mean the...
From the Right
Reform the Electoral Count ActRecent admissions from an insider about former President Donald Trump’s challenge to last year’s election results should impel lawmakers of both parties to revise the convoluted Electoral Count Act that governed the proceedings.
Peter Navarro, Trump’s trade adviser, wrote in a memoir that he and Trump strategist Steve Bannon had a plan to halt Congress’s certification of election results last Jan. 6 — a plan that actually was hurt, he said, not helped, by the riot that engulfed the U.S. Capitol. The idea was to exploit loopholes in the Electoral Count...
AllSides Picks
September 12th, 2024
September 9th, 2024