Every two years, a shuffle of members and leadership happens in Congress. While members often rest on their laurels between election day and the start of a new legislative calendar year, the 2022 lame-duck period presents lawmakers a potentially once-in-a-lifetime opportunity to work on one of the largest problems facing our Democracy – the growing lack of faith in our electoral systems.
Regardless of party affiliation or how you look at the controversies surrounding the last two presidential elections, the facts and data are undeniable that Americans are losing trust in the mechanics of how we elect our leaders. There are a lot of ways this can be addressed, but one really important central problem can be taken care of right now by reforming the outdated system our country uses to certify presidential elections – and crucially do it in a bipartisan manner.
Senator Susan Collins (R-ME) and Joe Manchin’s (D-WV) recently proposed Electoral Count Reform Act (ECRA) which now touts support from Senate Minority Leader Mitch McConnell (R-KY) and 14 of his Republican colleagues, would take concrete steps to address the most pressing threats to the electoral count, most notably the ambiguity around the slate of electors.
Our certification process in presidential elections is established by the1887 Electoral Count Act – a law which is showing its age. Reforms to the law’s antiquated language include requiring the governor of each state (or else another official specifically assigned this role by state law) to certify the state’s slate of electors to avoid the possibility of different officials sending different slates to Congress. It also clarifies the Vice President’s role in counting electoral votes in Congress as purely ceremonial without any sole decision-making authority.
In addition, the bill would strengthen protections that maintain the federal and state’s role in selecting the President and Vice President. By raising the threshold by 20% for lawmakers – from only one – to raise objections to state electors and further narrowing and clarifying the grounds for filing objections, this change would ensure the only objections considered are broadly supported.
The desire to reform the Electoral Count Act is largely driven by its outdatedness and ambiguity. It was this very ambiguity that, in many ways, set the stage for the political and constitutional crisis following the 2020 presidential election. Because of this, reform efforts to avoid future uncertainties are crucial for the health of our institutions. While there is no silver bullet in fixing an antiquated roadmap guiding the process of electing the leader of a democracy, the ECRA addresses the most pressing challenges.
With over 30 cosponsors, the ECRA has the appeal to gain the broad bipartisan support necessary for passage. This offers a stark contrast to the bill’s initial competition, including Representative Liz Cheney’s (R-WY) and Zoe Lofgren’s (D-CA) bill, which proposed changes that swung too far. The ECRA, on the other hand, has the chops to address concerns from both sides of the aisle and is worthy of additional support.
Conservative voters showed in the midterm elections that they are deeply concerned about the state of our economy and are ready for a change in leadership at the White House. But they have also shown a lack of trust in the manner in which elections are conducted. In preparation for 2024, we should seize this momentum to build more trust in the presidential election system. Reforming the ECA would further reassure the American people that the certification process is sound and encourage more voters to get out to the polls.
Republicans in the House and Senate have a full legislative agenda to accomplish before 2024. With the priority on positioning the party to take back the presidency, there will be limited time to pass legislation like ECA reform after the lame-duck session. Not to mention, working with Democrats now to pass these reforms would rob Democrats of a rhetorical weapon they would undoubtedly play to their advantage in the next election year. With this in mind, there is no better time for Republicans to rally around ECA reform efforts than right now.
Now that reform is within reach, let’s wrap up this Congress by passing sensible legislation to help our democracy start fresh and move beyond previous snags in the election system.
Mike Shields has an extensive career working for the Republican party, including serving as Chief of Staff to the Republican National Committee (RNC) and president of several political action committees.
The views and opinions expressed in this commentary are those of the author and do not reflect the official position of the Daily Caller.
