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

Amending such an essential democratic safeguard is in the country’s best interest.

Share this story

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

Donald 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 that he has created for his opponents if he were to run for office again in 2024.

BG

About the Author

Benjamin L. Ginsberg

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.

Comments

Advertisement

Advertisement