Update needed for how electoral votes are counted
Patriotism and common decency demand that Americans do everything possible to prevent another attempt to overturn the results of a free and fair election. Here’s one action that both Democrats and Republicans agree on: Reform the arcane 19th century Electoral Count Act.
The anniversary of Jan. 6, 2021, has scholars and law experts calling for reforms. Ambiguity concerning the role of the vice president and the ability of individual representatives to challenge states’ electoral votes are weaknesses that must be fixed.
In recent weeks, academics from across the political spectrum have urged Congress to tighten up this law before the next presidential election to eliminate existing confusion. Progressive scholars see it as a way to Trump-proof democracy. Conservatives argue the same fixes could prevent Democrats from turning the tables on the GOP (in the 2024 election, it will be Democratic Vice President Kamala Harris counting the electoral votes). They agree — as do we — that the law needs to make clear that the vice president does not have the power to decide which electoral votes to count.
They also agree that the law needs to be revised so that senators and representatives cannot object to the electoral votes that have already been accepted by states.
“Congress is not a national recount board or a court for litigating the outcome of presidential elections,” four constitutional law professors wrote in the Washington Post. “It is not the role of Congress to revisit a state’s popular vote tally.”
Lawmakers on the House committee examining the Jan. 6 attack have said they plan to recommend changes to the Electoral Count Act.
The Senate must also pass the Freedom to Vote Act, which would set national standards for some election procedures that currently vary from state to state. Among its many changes, the sweeping bill would expand the ability to vote by mail, require states to allow early voting and curb partisan gerrymandering with new redistricting procedures.
A version of the bill has passed the Democratic-controlled House but failed in the 50-50 Senate, where the filibuster rule requires support from the minority party to advance most legislation. Senate Majority Leader Charles E. Schumer (D-N.Y.) has said the Senate will vote on suspending the filibuster if the voting bill doesn’t pass by Jan. 17.
The voting rights bill will keep legislatures from suppressing votes before they are cast. Changing the Electoral Count Act could keep politicians from subverting votes after they are cast. “Here in America, the people rule through the ballot, and their will prevails,” Biden said Thursday as part of his Jan. 6 remembrance speech. It is the duty of Congress to ensure that statement remains true by embracing both approaches to safeguard democracy.
