The Electoral Count Reform and Presidential Transition Improvement Act, sponsored by Sens. Susan Collins (R-Maine) and Joe Manchin III (D-W.Va.), would amend the Electoral Count Act of 1887 and reaffirm that the vice president has only a ministerial role at the joint session of Congress to count electoral votes, as well as raise the threshold necessary for members of Congress to object to a state’s electors.
Speaking on the Senate floor Tuesday afternoon, McConnell said there was a need to make “modest” updates to the Electoral Count Act.
“Congress’s process for counting their presidential electors’ votes was written 135 ago. The chaos that came to a head on January 6th of last year certainly underscored the need for an update,” McConnell said. “The Electoral Count Act ultimately produced the right conclusion … but it’s clear the country needs a more predictable path.”
In a statement, Schumer said, “Make no mistake: as our country continues to face the threat of the anti-democracy MAGA Republican movement — propelled by many GOP leaders who either refused to take a stand or actively stoked the flames of division in our country — reforming the Electoral Count Act ought to be the bare minimum of action the Congress takes.”
The Senate Rules Committee, of which Schumer and McConnell are both members, later voted to advance the bill. Schumer voted yes by proxy, while Sen. Ted Cruz (R-Tex.) was the lone no vote. Speaking minutes after McConnell had expressed his support for the legislation in committee, Cruz went against his party leader and blasted the bill as “bad policy and … bad for democracy.”
“I understand why Democrats are supporting this bill,” Cruz said. “What I don’t understand is why Republicans are.”
The bill already enjoyed strong bipartisan support, with 11 Democratic and 11 Republican senators signing on to co-sponsor it before Tuesday.
“We are pleased that bipartisan support continues to grow for these sensible and much-needed reforms to the Electoral Count Act of 1887,” Collins and Manchin said in a joint statement last week. “Our bill is backed by election law experts and organizations across the ideological spectrum. We will keep working to increase bipartisan support for our legislation that would correct the flaws in this archaic and ambiguous law.”
Later Tuesday evening in the Capitol, Collins passed Sen. Roy Blunt (R-Mo.), the ranking member of Rules, in the hallway. She stopped, put her hand on his shoulder and said: “Thank you. Good job. Thank you. Thank you.”
After the 2020 election, Trump had falsely told his supporters that Vice President Mike Pence had the power to reject electoral votes already certified by the states. Pence did not do so — and has repeatedly emphasized that the Constitution provides the vice president with no such authority. But on Jan. 6, many in the mob that overran the Capitol began chanting, “Hang Mike Pence!” on the mistaken belief that the vice president could have stopped Congress from certifying Biden’s victory.
The House last week passed the similar Presidential Election Reform Act, written by Reps. Liz Cheney (R-Wyo.) and Zoe Lofgren (D-Calif.), on a 229-203 vote. Cheney and Lofgren argued that the risk of another effort to steal a presidential election remains high, as Trump continues to…
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