Republicans in Congress Should Update the Electoral Count Act Before It’s Too Late

Boxes containing state Electoral College votes are opened as a joint session of the House and Senate convenes to confirm the Electoral College vote on Capitol Hill in Washington, D.C., January 6, 2021. (J. Scott Applewhite/Pool via Reuters)
Amending such an essential democratic safeguard is in the country’s best interest.

NRPLUS MEMBER ARTICLE D onald Trump should want the Electoral Count Act of 1887 amended. And he should want it done even though his some of his Democratic opponents may want the same thing.

Designed to govern Congress’s tabulation of Electoral College votes — including disputes between the chambers — the aged law is a swamp of ambiguity. Its byzantine, vague, and muddled provisions do not provide sufficient answers to crucial questions that could arise in a genuinely close election. Despite the fact that the former president’s attempts to exploit those shortcomings failed in 2020, he and all Republicans should be haunted by the blueprint

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Benjamin L. Ginsberg practiced election law for 38 years representing Republican candidates and political committees. He is currently a distinguished visiting fellow at Stanford’s Hoover Institution.


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