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- The Electoral Count Reform Act of 2022 is now in effect, changing how presidential election results are certified.
- New rules aim to prevent congressional disruptions and ensure the integrity of the electoral process.
- These reforms were prompted by the Jan. 6, 2021, Capitol riot and attempts to subvert the 2020 election results.
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Essential Context
In response to the Jan. 6, 2021, Capitol riot and the subsequent attempts to challenge the 2020 presidential election results, Congress passed the Electoral Count Reform Act (ECRA) of 2022. This legislation updates the Electoral Count Act of 1887, providing clarity and safeguards to the electoral vote-counting process.
Core Players
- U.S. Congress – Enacted the Electoral Count Reform Act of 2022.
- State Legislatures – Prohibited from intervening in the selection of electors after Election Day.
- Members of Congress – Now require a higher threshold to object to state election results.
Key Numbers
- 1887 – Year the original Electoral Count Act was passed.
- 2022 – Year the Electoral Count Reform Act was enacted.
- One-fifth of each chamber – New threshold for objections to state election results.
- Majority vote – Required for each chamber to sustain objections.
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The Catalyst
The Jan. 6, 2021, Capitol riot highlighted the vulnerabilities in the electoral certification process. This event, combined with attempts by former President Donald Trump and his allies to exploit ambiguities in the Electoral Count Act, led to a bipartisan effort to reform the law.
“The reforms significantly improve the law governing presidential elections and better protect the electoral vote-counting system from gamesmanship,” according to advocates of the ECRA.
Inside Forces
The ECRA eliminates several potential weaknesses in the original law, including the “failed election” loophole and the ability of state legislatures to appoint electors after Election Day. It also allows states to modify the voting period only in cases of “force majeure” events, such as natural disasters, and prevents claims of fraud from triggering exceptions.
Additionally, the ECRA raises the threshold for members of Congress to object to state election results, requiring one-fifth of each chamber to make a cognizable objection.
Power Dynamics
The new law clarifies the roles of state and federal actors in the electoral process. State legislatures can no longer intervene in the selection of electors after Election Day, ensuring that the popular vote is respected. This change prevents partisan manipulation of the electoral process.
Members of Congress now face a higher bar for making objections, which must be based on narrow grounds such as the unlawful certification of electors.
Outside Impact
The ECRA has broader implications for the integrity of U.S. elections. By reducing the opportunity for congressional disruptions, it helps maintain public confidence in the electoral system. This is particularly important given the ascension of election deniers to key positions, such as Rep. Mike Johnson’s election as House Speaker.
Implementing these reforms ensures that the certification process is more resilient to partisan challenges and better aligned with constitutional roles.
Future Forces
As the 2024 presidential election approaches, the ECRA will play a crucial role in ensuring the smooth and lawful certification of electoral votes. The law’s provisions will be tested, and its impact on preventing potential disputes and maintaining electoral integrity will be closely observed.
Future legislative and judicial challenges may still arise, but the ECRA sets a stronger foundation for handling electoral disputes and upholding the democratic process.
Data Points
- Dec. 2022: The Electoral Count Reform Act was passed as part of the Consolidated Appropriations Act, 2023.
- Jan. 6, 2021: The Capitol riot and attempted subversion of the 2020 presidential election results.
- One-fifth of each chamber: The new threshold for congressional objections to state election results.
- Majority vote: Required for each chamber to sustain objections.
The Electoral Count Reform Act of 2022 marks a significant step in safeguarding the U.S. electoral process. As the country moves forward, these reforms will help ensure that future presidential elections are conducted with greater clarity and integrity.
