Bipartisan Efforts to Reform the Electoral Count Act Gain Momentum

Strategic Insights -

A bipartisan push to reform the Electoral Count Act has gained momentum, sparked by Democrats' failed effort to set a national voting rights standard. The law, a confusing and poorly written relic from 1887, was exploited by President Donald Trump and his allies to attempt to overturn the 2020 election results. As lawmakers consider reforming the Electoral Count Act, Democrats are coming around to the idea, citing the need to guarantee the integrity of the electoral process after Trump's efforts. Senate Majority Leader Chuck Schumer, who previously dismissed efforts to focus on the Electoral Count Act, is now pushing for bipartisan talks.

Key Takeaways:

  • The Electoral Count Act, which dictates how Electoral College votes are tabulated after presidential elections, is notoriously unclear and has been exploited by politicians seeking to undermine the democratic process.
  • The House committee investigating the January 6 insurrection has issued subpoenas for 14 Republicans from seven states who served on bogus slates of Trump electors in 2020, highlighting the extent of the Trump campaign's scheme to subvert the Electoral College.
  • Democrats' previous efforts to set a national voting rights standard are now seen as too ambitious, with many lawmakers focusing on reforming the Electoral Count Act to ensure that the results of elections are respected.
  • Senate Majority Leader Chuck Schumer has shifted his position and is now pushing for bipartisan talks on reforming the Electoral Count Act, citing the need to address the vulnerabilities that Trump and his allies exploited in 2020.
  • Senate Minority Leader Mitch McConnell has expressed openness to updating the "flawed" Electoral Count Act, and Senate Majority Leader Chuck Schumer is working with Republicans, including Senator Susan Collins, to find common ground on reform.
  • Collins and Manchin are working on a bipartisan bill that would, among other things, clarify the vice president's role in the electoral process and raise the threshold for triggering a vote count challenge.
  • Any reform of the Electoral Count Act would need at least 10 Republican senators to support it in order to overcome a filibuster, and it is unclear whether there are enough Republican votes to guarantee the bill's passage.

Statistics:

  • The Electoral Count Act has been on the books since 1887, and its language has been described as "impenetrable."
  • 14 Republicans from seven states have been subpoenaed by the House committee investigating the January 6 insurrection for serving on bogus slates of Trump electors.
  • The Electoral Count Act dictates that presidential electors must be appointed by December 14 and that states must certify their election results by December 23.
  • Any challenge to an electoral count must be submitted by January 6 of the presidential term.

Sources:

  • CNN: "Trump's six-step plan to overturn the election"
  • CNN: "House committee investigating January 6 insurrection issues subpoenas for 14 Republicans"
  • ABC News: "Susan Collins hosts bipartisan Zoom meetings on Electoral Count Act reform"
  • CNN: "Fredreka Schouten: Comparison of Democrats' voting rights reform efforts"
  • Senate Majority Leader Chuck Schumer statement on the Electoral Count Act
  • Senate Minority Leader Mitch McConnell statement on the Electoral Count Act