The Electoral Count Reform Act Unpacked (Democracy Docket/Marc Elias)

[alwaysinasnit]

https://www.democracydocket.com/news/the-electoral-count-reform-act-unpacked/?emci=6fdb8560-540c-ed11-b47a-281878b83d8a&emdi=02613b7a-da0c-ed11-b47a-281878b83d8a&ceid=15585701

Last week, U.S. Sens. Susan Collins (R-Maine) and Joe Manchin (D-W.Va.) released S. 4573, or the Electoral Count Reform and Presidential Transition Improvement Act, their long-awaited proposal to reform the Electoral Count Act of 1887 (ECA), an antiquated law that governs how Congress counts the Electoral College votes for president every four years. Former President Donald Trump’s efforts to overturn the results of the 2020 presidential election revealed several weaknesses in the law that could be exploited by a disgruntled and defiant presidential candidate. The proposed legislation purports to address those flaws. In today’s piece, we’re breaking down the Electoral Count Act, how Trump tried to exploit it and how a group of 14 senators hope to reform it.
What is the Electoral Count Act?

The ECA is a 19th-century law passed by Congress in response to the disputed election of 1876. That election, between former President Rutherford B. Hayes and Samuel J. Tilden, was marred by allegations of fraud, violence and disenfranchisement. Four states ended up sending competing slates of presidential electors to Congress and the U.S. Constitution did not give Congress any guidance on how to resolve the dispute. After the Compromise of 1877 decided the election in favor of Hayes, Congress recognized the need to add more clarity to the process of resolving election disputes.

After two more closely fought elections and several failed attempts at reform, Congress finally passed a bill to regulate how states finalize their election results in 1887. Under the ECA, the Electoral College (the group of people appointed by each state to elect the president), casts its votes on the first Monday after the second Wednesday in December following the presidential election. If a state has finalized its election results by six days before the Electoral College casts its votes, then that state’s results qualify for “safe harbor” status, meaning that Congress is supposed to treat those vote totals as the conclusive result. The law also includes a mechanism for Congress to decide which slate of electors is valid if a state sends multiple, like in 1876. Finally, the law lays out the procedures for Congress to count the electoral votes during a joint session on Jan. 6 — and gives members of Congress a way to object to a state’s electoral votes. If just one senator and one representative — regardless of the state they represent — object to a state’s electoral vote in writing, both chambers of Congress are required to debate and vote on the objection.

Almost since it was passed, the ECA has been criticized for being vague and confusing. The mechanism to decide between multiple slates of electors, for instance, was derided by a contemporary political scientist as “very confused” and “almost unintelligible” and by legal scholar Stephen Siegel as “repetitious” and “contradictory.” Most recently, Trump’s efforts to sow doubt into the results of the 2020 election it even happened brought renewed attention to the law and a fresh wave of criticism.

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[msongs]

1. collins and manchin - what could possibly go wrong? nt

[JudyM]

2. "On Point" (npr) highlighted that trumpists are trying to take over states' vote counting apparatus

There’s a chilling thought, and it’s happening, with possible dire effects in AZ, GA and PA. Here’s the link to the show, it was yesterrday’s episode. The discussion of this issue starts at about 42’40”…

[alwaysinasnit]

3. Thank you JudyM!

[UTUSN]

4. K& big R#5