The Bill

Bill Status

• House and Senate: Not yet voted

Bill Overview

• This bill will reform the Electoral Count Act from 1887 to strengthen the antiquated language and the guidance on key aspects of counting electoral votes to ensure that the nation has peaceful transitions of power moving forward.

What's in the bill?

A Single, Conclusive, Slate of Electors

• This bill states that rules for selecting electors in each state must be made before Election Day, and ensures that Congress identifies a slate of electors from each state.
• A three-judge panel will be created to review if a presidential candidate raises concerns about a state's electors, after which the case is sent to the Supreme Court.

Role of the Vice President

• The Vice President's role in overseeing the counting of electoral votes is purely ceremonial, as stated in the bill.
• The bill clarifies the Vice President's limits and protects the will of the voters by ensuring that Congress respects lawful state-level determinations of election results.

Higher Objection Threshold

• The current threshold to object to a state's electoral votes will be raised from just a single member of the House and Senate to 20% of both chambers, to reduce the change of an impractical objection.

Protection of Each State's Popular Vote

• The bill will repeal an 1845 law that could be used by state legislatures to override a popular vote by declaring a "failed election," which has been used to defy the popular vote. The new legislation solidifies the notion that slate electors will represent the popular vote.

Role of State Governor

• Each state governor, under this bill, will be the sole state official responsible for submitting the electors, in order to make it more difficult for a losing presidential candidate to submit a false slate of electors.

Argument in favor

• Supporters say the bill will fix myriad flaws in how the nation's presidential elections currently operate — flaws fully displayed during the 2020 election between Joe Biden and Donald Trump. The legislation will eliminate many of the tools available to defeated presidential candidates - and disgruntled public officials - who try to overturn election results. Checks and balances will be placed on these dishonest politicians & pundits by state officials and judicial review processes. The bill will ensure the president and vice president are chosen by the voters, and these decisions will not be impacted by manipulation post-election.
• Bill Palatucci, a New Jersey member of the Republican National Committee, said:

"The peaceful transfer of power is so important to American democracy that we should eliminate the confusion that happened. You can blame whoever you want, but that to me has nothing to do with urging Congress to fix what was obviously a problem last year."

Argument opposed

• Critics tend to focus on the language of the bill and the roles it assigns to various government branches. They argue the legislation does not adequately define Congress's role as it can still reject "true electors." And mandatory Supreme Court review may be unwise, as it requires SCOTUS to set a precedent for "every future challenge that involves presidential certification." The NAYS also argue that adopting the ECRA will do nothing to prevent other forms of voter suppression, including gerrymandering, intimidation of local election officials, and issues within the Freedom to Vote Act and the John Lewis Voting Rights Act.
• Mitch McConnell, Senate minority leader, said:

"It obviously has some flaws. And it is worth, I think, discussing."

Click here to read the full text of S.4575 Electoral Count Reform and Presidential Transition Improvement Act of 2022.

How do you feel about the Electoral Count Reform Act?