Simple Reforms Could Prevent Election Chaos

Source: Cato Institute
by Thomas A Berry

“The Electoral Count Act (ECA) defines the process when Congress meets every four years on January 6 to count the electoral votes for president and vice president. This meeting is mandated by the Constitution, which requires that all electoral votes be sent to Congress and counted in front of the House and Senate. This count is normally a formality, but the ECA includes a caveat with potentially enormous consequences. Congress can reject an electoral vote, the law says, if a majority of both the House and Senate finds that an elector’s appointment was not ‘lawfully certified’ or that the elector’s vote was not ‘regularly given.’ This provision was invoked by the eight Republican senators and 139 House members who …. treated the ECA as a license to relitigate election‐​law disputes that the courts had already settled.” (06/13/22)