In one of the last acts of the Democratic-led Congress, the House and the Senate are set to pass an overhaul of the Electoral Count Act, the arcane election law that then-President Donald Trump tried to subvert after his 2020 election defeat.
“We are now one step closer to protecting our democracy and preventing another January 6th,” said Senate Rules Committee Chairwoman Amy Klobuchar, D-Minn., who moved the bill through her committee.Lawmakers and legal experts have long said the 1887 law is vague and vulnerable to abuse, and Democrats saw Trump’s efforts to overturn his defeat ahead of Jan. 6, 2021, as a final straw.
The legislation states that the vice president “shall have no power to solely determine, accept, reject, or otherwise adjudicate or resolve disputes” over the counting of electors in Congress.The legislation would also make it more difficult for lawmakers to object to a particular state’s electoral votes.
In 2021, Republicans objected to Biden’s electoral votes in Arizona and Pennsylvania, triggering votes in both chambers after the Capitol was cleared. The House and the Senate voted overwhelmingly to certify Biden’s win in those states, but members in both parties worried the process was too vulnerable to manipulation.The House-passed version of the bill, written by Democrats and Republicans on the Jan.
The bill says a state could only move its presidential election day if there are “extraordinary and catastrophic” events, such as natural disasters, that necessitate that. House lawmakers and legal experts have argued that language is too vague and have proposed that a judge should also have to sign off on any such delay. But the final version of the bill does not require that.
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