December 26, 2022
The next Presidential election is going to have different rules, thanks to a bill Congress tucked into the massive $1.7 trillion dollar government spending bill and passed on their way out the door late on Friday night.
For the first time since 1887, Congress updated the Electoral Count Act. That’s the law that governs how Congress counts electoral votes on January 6th. And if you remember the last time they did that, there was a riot and a bunch of questions about valid electoral slates, and whether the vice president could just randomly choose to not certify the election or delay things.
Well, Congress fixed all that in the Electoral Count Reform and Presidential Transition Improvement Act of 2022. It does several things – like ensuring only one official slate of electors is submitted from each state, it says very clearly that the Vice President’s role on that day is purely ceremonial. It raises the threshold for lawmakers to object to electors. Instead of just one Senator and one Representative, an objection can only be raised if 1/5 of the House and Senate agree to bring it. And lastly it strikes an archaic 1845 law that could be used by state legislatures to override the popular vote in their state by just randomly declaring a “failed election.” The law also governs what happens to the transition of power when neither presidential candidate concedes.
Read more from one of the bill sponsors here.
