Proposals for reform of the electoral college / edited by Charlotte Byrd.

Format:

Book

Contributor:

Byrd, Charlotte, editor.

Series:

American Political, Economic, and Security Issues Series

Language:

English

Subjects (All):

Electoral college--United States.

Electoral college.

United States.

United States. Electoral Commission (1877).

Physical Description:

1 online resource (336 pages)

Edition:

1st ed.

Place of Publication:

New York : Nova Science Publishers, Inc., [2023]

Summary:

Every four years, Congress gathers to count electoral votes and certify a winner of the presidential election. That process is usually uneventful. No longer--on January 6, 2021, supporters of former President Donald Trump stormed the Capitol, seeking to overturn President-elect Joe Biden's victory. There is a law meant to prevent the chaos of that day: the Electoral Count Act of 1887 (the "ECA").1 This book will examine the ECA and argue that it is badly in need of reform.

Contents:

Intro

Contents

Preface

Chapter 1

The Electoral Count Act: The Need for Reform*

Opening Statement of Honorable Amy Klobuchar, Chairwoman, a United States Senator from the State of Minnesota

Opening Statement of Honorable Roy Blunt, a United States Senator from the State of Missouri

Opening Statement of Honorable Susan Collins, a United States Senator from the State of Maine

Opening Statement of Honorable Joe Manchin, a United States Senator from the State of West Virginia

Opening Statement of Honorable Angus King, a United States Senator from the State of Maine

Opening Statement of Bob Bauer, Professor of Practice and Distinguished Scholar in Residence at New York University, School of Law, New York, New York

Opening Statement of John M. Gore, Partner, Jones Day, Washington, DC

Opening Statement of Ambassador [Retired] Norman Eisen, Senior Fellow, Governance Studies, the Brookings Institution, Washington, DC

Opening Statement of Derek T. Muller, Professor of Law, University of Iowa, College of Law, Iowa City, Iowa

Opening Statement of Janai Nelson, President and Director-Counsel, NAACP Legal Defense and Educational Fund, Inc., New York, New York

Prepared Testimony of Senator Susan Collins

Prepared Testimony of Senator Joe Manchin III

Prepared Testimony of Bob Bauer

Introduction

Basic Architecture of ECA Reform

The Role of the Courts

The "Failed Election" Question

Rules for the Conduct of the Joint Session

Conclusion

Prepared Testimony of the Honorable John M. Gore

Prepared Testimony of Ambassador (Ret.) Norman L. Eisen

The 2020 Election and the Fire Next Time

The Solution: Building on the Reforms

(1) "Extraordinary and Catastrophic Events" Must Be Defined

(2) The ECRA-related Federal Litigation Provision Should Be Further Developed.

(3) The Grounds for Congressional Objections Should Be Clarified

(4) Clear Procedural Rules for the Congressional Electoral Count Should Be Provided

Prepared Testimony of Professor Derek T. Muller

A Bipartisan Legislative Effort Is Essential to Address Electoral Count Act Reform

The Electoral Count Reform Act of 2022 Rests on Sound Constitutional Authority

The Mechanisms at Work in the Electoral Count Reform Act of 2022 Strengthen Presidential Elections, from Popular Elections in the States to the Counting of Electoral Votes in Congress

Clarifying the Scope of Election Day

Abolishing the "Failed to Make a Choice" Provision

Ensuring Timely, Accurate Electoral Appointments

Raising the Objection Threshold

Clarifying the Narrow Role of the President of the Senate

Improving Counting Rules in Congress

Clarifying the Denominator in Determining a Majority

The Presidential Transition Improvement Act Also Include Worthwhile Improvements to Present Law

Some Technical Improvements May Strengthen the Electoral Count Reform Act of 2022

Prepared Testimony of Janai Nelson

Statement of Purpose

LDF and Our Work

The Present Peril for Our Democracy

Discriminatory Voter Suppression Is a Longstanding and Increasing Harm

Election Manipulation Is a Renewed Urgent Threat

January 6th Insurrection

Partisan Election Interference

Harassment and Intimidation of Election Officials

Undermining Elections from the Inside

White Supremacist Backlash to Voters of Color Asserting Power Is a Common Root Cause

Congress's Obligation to Act

The Bipartisan Working Group's Reform Package

Electoral Count Reform Act

Judicial Review Process

Opportunities for Further Clarifications

When State Rules Should be Locked in Place

Companion Election Administration Legislation.

Protecting Election Workers

United States Postal Service

The Path Forward

Prepared Testimony of Jonathan Bydlak, Policy Director, Governance Program, Matthew Germer, Resident Elections Fellow, Governance Program, Ryan Williamson, Resident Fellow, Governance Program, R Street Institute

Prepared Testimony of Campaign Legal Center

CLC Urges Immediate Passage of Reforms to the Electoral Count Act

Key Reform #1: Prohibit State Legislatures from Overruling Their Own Voters

Key Reform #2: Resolve Disputes About Electors and Electoral Votes before They Reach Congress

Key Reform #3: Strictly Limit Opportunities for Members of Congress to Second-Guess Electors and Electoral Votes

Key Reform #4: Clarify the Vice President's Ministerial Role in the Counting of Electoral Votes

"Why Congress Should Swiftly Enact the Senate's Bipartisan ECA Reform Bill," by Ned Foley, Election Law Blog, July 20, 2022

"Statement from PRP Co-Chairs on the Senate's ECA Reform Proposal," Presidential Reform Project, July 20, 2022

"Correcting Misconceptions About the Electoral Count Reform Act," by Bob Bauer and Jack Goldsmith, Lawfare, July 24, 2022

States

Criticism: The ECRA Would Empower Rather Than Curtail Rogue State Governors

Criticism: The "Catastrophic Event" Provisions Allow for Rogue State Legislative Action

Federal Court Review

Criticism: The Provision Allowing for Judicial Revision of a Gubernatorial Certificate Is Ambiguous Concerning the Grounds on Which Such Relief May Be Granted

Criticism: The Provision for Special Venue and Expedited Judicial Process Displaces State Litigation over Recounts and Challenges, and Requires Them to Be Heard in Federal Court

Criticism: The Provision for Special Venue and Expedited Judicial Process Requires Litigation to Be Completed over Too Short a Time.

Criticism: Mandatory Supreme Court Review Is Unwise Because It Requires the Court to Decide "Every Future Challenge That Involves Presidential Certification"

Congress

Criticism: The Bill Does Not Adequately Narrow Congress's Discretion Because It Allows Congress to Reject "True Electors" if Both Houses Agree and Retains Ill-Defined Grounds for Congressional Objections

"Some Thoughts on the Judicial Review Mechanism in the Electoral Count Reform Act," by Derek Muller, Election Law Blog, July 22, 2022

I.

II.

"Norm Eisen's Tweet-Thread on Bipartisan ECA Reform Bill," by Ned Foley, Election Law Blog, July 21, 2022

End Citizens United/Let America Vote Action Fund Letter of Support for the Electoral Count Act

Office of Minnesota Secretary of State Steve Simon Letter of Support for the Electoral Count Act

Leadership Now Project/Count Every Hero/Making Every Vote Count Letter of Support for the Electoral Count Act

Project on Government Oversight (POGO) Letter of Support for the Electoral Count Act

Cato Institute Letter of Support for the Electoral Count Act

Testimony of the New York City Bar Association Task Force on the Rule of Law and Election Law Committee

"The Consent of the Governed: Enforcing Citizens' Right to Vote," Report by the Task Force on the Rule of Law and the Election Law Committee, September 2021

I. State Legislation Suppressing Voting Rights

A. Laws Restricting Voting Access

B. Proposed Legislation Moving Through State Legislatures

C. Undermining Election Results and the Electoral Process

D. Legislative Restrictions on State Courts

II. The Voting Rights Act of 1965

III. The Supreme Court Decisions Eviscerating the VRA

A. Shelby County, Ala. v. Holder (2013)

i. Majority Opinion

ii. Dissenting Opinion

B. Brnovich v Democratic National Committee (2021).

i. Majority Opinion

IV. Congressional Response to Supreme Court VRA Decisions

A. Committee Hearings and Reports

B. Restoring Preclearance in "Covered Jurisdictions"

C. Equal Openness after Brnovich

D. Post-Election Override Laws

E. The So-Called "Independent Legislature" Theory

F. Constitutional Amendment Guaranteeing the Right to Vote

G. August 2021 Developments

i. 2021 JLVRA Section 5: Enhancements to Preclearance Process

ii. 2021 JLVRA Section 2 Amendments

1. Brnovich Standard Overruled

2. Other Section 2 Relief

H. H.R.1 / S.1: The for the People Act

i. Voting Rights

ii. Campaign Finance

iii. Election Security

V. Managing the Filibuster

A. "Talking" Filibuster

B. "Sliding Scale" Filibuster

C. Shifting the Burden for Cloture

D. Cloture Change for Voting Rights

E. "Majority Representation" Cloture

F. Abolish the Filibuster

VI. The Role of the Bar

A. Courts

B. Law Firms

C. Bar Associations

D. Law Schools

VII. Conclusion

Task Force on the Rule of Law

Election Law Committee

Prepared Testimony of Fred Wertheimer, President, Democracy 21

The Judicial Review Process

Extending Election Day

Standards for Congress to Apply

Questions Submitted for the Record

Chapter 2

The Electoral Count Act of 1887: Proposals for Reform(

Part I: Background

A. Relevant Constitutional Text

B. A Brief History of Electoral Counting

1789-1861: Early Confusion

1865-1887: Congress Takes Control

1888-1997: The Uneventful Post-ECA Era

2001-2021: Renewed Controversy

Part II: The ECA Explained

A. The Election Calendar (3 U.S.C. 1 and 7)

B. The "Safe Harbor" (3 U.S.C. 5)

C. The Governor's Certificate (3 U.S.C. 6)

D. The ECA's "Counting" Provisions (3 U.S.C. 15).

Scenario 1: A Single Return.

Notes:

Description based on print version record.

Includes index.

Other Format:

Print version: Byrd, Charlotte Proposals for Reform of the Electoral College

ISBN:

9798886979305

OCLC:

1381093870