The Electoral Count Reform Act Improves State Rules for Certifying and Protecting Presidential Elections



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 continuing our series exploring whether new rules will protect our Presidential election process from being hijacked by bad actors. The Electoral Count Reform Act added safeguards in Congress and clarified the role of the Vice President, but it also clarified procedures and deadlines for states. 

The Electoral Count Reform Act confirmed that a Presidential election in all states and DC must occur by the first Tuesday after the first Monday in November, and that no postponements would be allowed. Catastrophic events such as natural disasters or terrorist attacks are the only exceptions.  

The Act also made clear that a state legislature has no power to set aside the results of an election, and that a state may not change its method of choosing electors AFTER election day.  

It also clarifies that a governor or a lawfully designated state official are the only authorized “executive” allowed to transmit the “certificate of ascertainment” and list of electors, avoiding another fake elector scheme.  The transmission goes directly to Congress six days before the electors convene, which must occur by the “the first Tuesday after the second Wednesday in December.”  This election, that’s December 17th, 2024.

Most states adjusted statutes to align with the new federal law.  But some legislatures have enabled election boards to still throw a wrench into the process.  More on that tomorrow.  

We’ve linked to resources and groups taking action at AmericanDemocracyMinute.org.  I’m Brian Beihl.

Today’s Links

Articles & Resources:

Campaign Legal Center – What the Electoral Count Reform Act Means for States
Brennan Center for Justice – How Electoral Votes Are Counted for the Presidential Election
National Conference of State Legislatures – Elections Q&As for Lawmakers: What Does the Electoral Count Reform Act Mean for States?
National Conference of State Legislatures – Enactments Relating to the Electoral Count Reform Act
Democracy Docket – This November’s State Legislative Elections Are Key To Protecting the Presidential Election

Groups Taking Action:

Issue One, Public Citizen, Protect Democracy, Election Reformers Network

Check Your Voter Registration


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