What is the Electoral Count Act? According to the Wall Street Journal, “The Electoral Count Act governs how Congress counts and certifies presidential election results. Critics say it allows for members of Congress to dispute election results without legitimate evidence and doesn’t provide the necessary safeguards to make sure the election results are accurate. They say one reform would be to clarify the role of the vice president and eliminate his or her ability to change an outcome.”
Why it Matters: Bipartisan senators, including Maine’s Susan Collins, a Republican, want to reform the law in order to not allow another situation like the one that happened in 2020 where 45th President Donald Trump claimed former Vice President Mike Pence could vote to decertify the electors and send them back to the states.
What They Are Saying: “There are so many ambiguities and a law that is nearly 150 years old, we need to clarify what is the role of the vice president precisely, make it clear that it’s ministerial,” Sen. Collins said.
Sen. Joe Manchin (D-WV) said, “We’re gonna get a bunch of people together, Democrats and Republicans, and get a good piece of legislation that protects the counting of the votes, the accuracy of the vote and making sure that the person basically that has been deemed a winner—you can bet the house on that one.”
Republican Senate Leader Sen. Mitch McConnell said he supports the changes, saying, “I think it needs fixing, and I wish them well.”
“To me, the Electoral Count Act is just not enough,” said Sen. Chris Murphy (D-CT). “I don’t know if we’re gonna get Republicans to work on mail-in voting and the elimination of dropboxes. But it may be that we can work on something more than the Electoral Count Act.”
