Source: United States Senator for Maine Angus King
WASHINGTON, D.C. – U.S. Senator Angus King (I-Maine) today joined with a bipartisan group of Senators in the Senate Rules and Administration Committee to advance a package of comprehensive Electoral Count Act (ECA) reforms by an overwhelming vote of 14-1. The Electoral Count Reform and Presidential Transition Improvement Act – which contains several policy recommendations from Senator King’s ECA discussion draft released in February – seeks to update procedures for the counting and certification of electoral votes for the presidency. Before the committee vote, Senator King identified two amendments he declined to offer during today’s proceedings: one that would randomize judges to review challenges, in order to avoid “forum shopping”; the other, a clarifying amendment that would state that votes can only be rejected due to legitimate procedural issues, not due to a member disliking the outcome of the election.
The bill now heads to the Senate floor for consideration by the full body.
“Today, the Senate Rules and Administration Committee took a critical step to better protect American democracy and remove dangerous ambiguities from our presidential elections,” said Senator King. “The need for these reforms could not be more clear. In 2021, factions attempted to exploit the outdated Electoral Count Act to overturn the results of a free and fair election and stoke violence at our capitol. Now, as some continue to raise doubts about our electoral system, we must ensure that the ECA cannot used as a weapon against our democracy by disappointed candidates of either party. The Electoral Count Reform Act prevents abuse of the 1887 law by clarifying the Vice President’s role in counting electoral votes, raising the threshold needed for Congressional objection to the elections, and ensuring that there are not multiple slates of electors submitted by a state. All told, this makes the process for certifying a presidential election clearer and more resistant to attack.
“Make no mistake, this bill is no substitute for the comprehensive voting rights and process reforms we need to confront the wider challenges facing our democracy,” Senator King continued. “While I continue to look for ways to better protect the democratic process for all Americans registered to vote before and on election day, this effort will better guarantee that the will of the voters cannot be undermined after votes are cast. I’m heartened to see the bipartisan support this package received and I look forward to the full Senate passing these reforms before the conclusion of this Congressional session.”
The Electoral Count Reform and Presidential Transition Improvement Act updates the outdated and vague 1887 Electoral Count Act to ensure that electoral votes tallied by Congress accurately reflect the will of the voters in each state. The bill replaces ambiguous provisions with clear procedures to ensure the counting of electoral votes can’t be exploited. Key provisions in the bill include:
- Clarifying the Role of the Vice President.
- Affirmatively states that the constitutional role of the Vice President in the counting of electoral votes is ceremonial, with no power to adjudicate conflicts that might arise.
- Raising the Objection Threshold.
- Raises the threshold to object to a state’s electors to at least one-fifth of the duly chosen and sworn members of both the House of Representatives and the Senate – up from one member of each chamber.
- Ensuring a Single, Accurate Slate of Electors.
- Designates each state’s governor as responsible for submitting a single slate of electors to Congress.
- Ensures a state’s executive can’t submit a slate of electors over the objections of the judiciary or in violation of state and federal law.
- Expediting Judicial Review.
- Provides an expedited review process, including a three-judge panel with appeal to the Supreme Court, of certain claims related to a state’s slate of electors.
- Preventing Moving or Canceling of Elections.
- Requires “extraordinary and catastrophic” events for a state to move their election, and removes a provision that allows states to declare failed elections.
Senator King has been a leader on reforming the Electoral Count Act (ECA) of 1887, and in February, released a discussion draft with Senators Amy Klobuchar (D-Minn.) and Dick Durbin (D-Ill.) to inform Senate-wide efforts to update the law to reflect 21st century threats. Last month, in a hearing of the Senate Rules and Administration Committee, King questioned election experts on ECA reform proposals and what provisions must to be in any final bill to effectively protect America’s electoral process.