In July, two proposals were introduced which include legislation to reform and modernize the outdated Electoral Count Act of 1887 to ensure that the electoral votes tallied by Congress accurately reflect each state’s vote for President.

Led by U.S. Senators Susan Collins (R-ME) and Joe Manchin (D-WV), the bipartisan group also includes Rob Portman (R-OH), Kyrsten Sinema (D-AZ), Mitt Romney (R-UT), Jeanne Shaheen (D-NH), Lisa Murkowski (R-AK), Mark Warner (D-VA), Thom Tillis (R-NC), Chris Murphy (D-CT), Shelley Moore Capito (R-WV), Ben Cardin (D-MD), Todd Young (R-IN), Chris Coons (D-DE), Ben Sasse (R-NE), and Lindsey Graham (R-SC).

“We are impressed with the draft Electoral Count Act reform legislation developed by a bipartisan Senate working group, including Senators Collins, Manchin, Romney, and Murphy,” said Bob Bauer and Jack Goldsmith, co-chairs of the Presidential Reform Project.  “Our work on these reform issues, which has included co-chairing a group of experts convened by the American Law Institute (ALI), has convinced us that major improvements in the current law are both urgent and achievable. We believe the legislation as proposed will help curtail threats to future presidential elections that would erode the foundational democratic principles of our country. It merits broad support.”

Background on the ALI-convened group on ECA reforms:

At the invitation of the leadership of The American Law Institute, a group whose members span a range of legal and political views came together to consider possible Electoral Count Act (ECA) reforms. Despite holding diverse legal, political, and ideological commitments, the group is united by the belief that Congress should reform the ECA before the 2024 presidential election. The group has agreed on several general principles that should guide ECA reform, as well as specific proposals as to what ECA reform should seek to accomplish. Read the group’s complete set of principles here, and read ALI’s press release here.

Learn more here.

Jennifer Morinigo

The American Law Institute

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