What is the Electoral Count Reform Act and How Will it Protect Presidential Elections at the Federal Level? 



Today’s Script

(Variations occur with audio due to editing for time. Today’s Links below the script)

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

We’re beginning a series exploring whether our Presidential election is safer now from being overturned by bad actors.  In our first report, we examine new protections in the federal Electoral Count Reform Act. Later, we’ll explore what  protections states have in place — or not. 

The attempt by GOP bad actors to legally and savagely pressure Vice President Mike Pence to not certify the 2020 Presidential election resulted in changes to the federal 1887 Electoral Count Act in 2022.       

It takes 270 electoral votes to win a Presidential election, out of a possible 538 from the 50 states plus DC.  The fake elector scheme hinged on members of Congress objecting to their state’s count, reducing Joe Biden’s number of electors, then substituting a slate of fake electors giving Donald Trump the electoral votes instead. 

The Electoral Count Reform Act raised the threshold to consider an objection in the House and Senate, from one senator and one representative, to one-fifth of each body.  Should the bodies vote to object to a state’s count, the total electoral votes needed to win diminishes by the number of that state’s electors, removing that incentive to object.  It also clarified the role of the Vice President as procedural, not judging validity of the state’s counts.   

We’ll explore how the act clarified the states’ role in our next report. 

Find detailed resources at AmericanDemocracyMinute.org.  I’m Brian Beihl.

Today’s Links

Articles & Resources:

National Archives – Electoral College Timeline of Events
National Archives – Roles and Responsibilities in the Electoral College Process
Brennan Center for Justice – How Electoral Votes Are Counted for the Presidential Election
Senator Susan Collins – SUMMARY – ELECTORAL COUNT REFORM ACT OF 2022
Campaign Legal Center – Congress Takes Historic Action to Update the Electoral Count Act
Brennan Center for Justice – Much Needed Reform for the Electoral Count Act

Groups Taking Action:

Protect Elections, League of Women Voters US, National Popular Vote Compact

Check Your Voter Registration


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