Electoral Count Reform Act Attached to Spending Bill and Likely to Pass

The American Democracy Minute Radio Report & Podcast for Dec. 22, 2022

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John Eastman & Rudy Giuliani

Today’s Links

Articles & Resources:

Politico – What’s in and what’s out of Congress’ $1.7T spending bill
Washington Post (paywall) – Congress moves ahead on Electoral Count Act reforms in response to Jan. 6
The Hill – Electoral Count Act set to deliver another blow to Trump
ECRA-Sponsor U.S. Senator Susan Collins – ELECTORAL COUNT REFORM ACT OF 2022
Groups Taking Action:

 Democracy 21Protect Democracy, ACLU,  Brennan Center for Justice

Today’s Script:  (Variations occur with audio due to editing for time) 

You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.

We’ve had numerous reports on the Electoral Count Reform Act, the legislation updating the 1887 rules & procedure after a Presidential election to help prevent another subversion of the election.   Tuesday, the Act was attached to the omnibus spending bill expected to pass before the holiday break.  That’s good news for those who care about protecting Democracy.

The $1.7 trillion dollar federal spending bill extends financing of the federal government until September 2023 and has bipartisan agreement in the Senate.   Attaching the Senate’s version of the Electoral Count Reform Act, which has the support of Senate leaders Chuck Schumer and Mitch McConnell, makes it likely to pass both the Senate and the House.

The ECRA defines the role of the Vice President in the counting of electoral ballots as ceremonial, raises the threshold to object to a count to one-fifth of the members of each house, defines how electors are selected and submitted, and allows for expedited review by the courts.

The Senate version also removes an 1845 law which could be used by state legislatures to override the popular vote and declare a “failed election.” 

While democracy advocates still have some concerns about potential loopholes, most believe the Senate’s version of the Electoral Count Reform Act will help to protect our next election from another subversion attempt.

Find links to more on the Act at AmericanDemocracyMinute.org.   For the American Democracy Minute, I’m Brian Beihl.

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