Electoral Count Reform and Presidential Transition Improvement Act of 2022

Last updated

Electoral Count Reform and Presidential Transition Improvement Act
Great Seal of the United States (obverse).svg
Long titleTo amend title 3, United States Code, to reform the Electoral Count Act, and to amend the Presidential Transition Act of 1963 to provide clear guidelines for when and to whom resources are provided by the Administrator of General Services for use in connection with the preparations for the assumption of official duties as President or Vice President.
Enacted bythe 117th United States Congress
EffectiveDecember 29, 2022
Legislative history

The Electoral Count Reform and Presidential Transition Improvement Act of 2022 is a revision of the Electoral Count Act of 1887, adding to procedures set out in the Constitution of the United States for the counting of electoral votes following a presidential election. It also amended the Presidential Transition Act.

Contents

It was passed and enacted by the 117th Congress and President Joe Biden in December 2022 as Division P of the Consolidated Appropriations Act, 2023.

Background

The act is intended to prevent a repeat of the chaos that followed Donald Trump's refusal to concede after the 2020 United States presidential election. [1] This led to a delay in the transition to the Biden administration, as well as a movement to have Vice President Mike Pence block the formal certification of the election results. The act addressed issues such as these by allowing some transition to begin even when an election result is unclear, and clarified the vice president's role in the certification of electoral votes. [2]

Legislative history

The bill was sponsored by Senator Susan Collins of Maine and Senator Joe Manchin of West Virginia in July, 2022. After five months of negotiations, it became Division P of the Consolidated Appropriations Act, 2023, which passed 68–29 in the Senate on December 22, 2022, and 225–201 in the House the following day. [3] [4] On December 29, 2022, it was signed into law by President Joe Biden. [5]

Provisions

The law includes multiple revisions to the voting, certification, counting, and transition process. [6]

State procedures

The law identifies the governor (or, in the case of Washington, D.C., the district's mayor) as responsible for submitting certificates of ascertainment, unless otherwise specified by state laws or constitutions. In addition, a certificate that was revised as ordered by a state or federal court judgment before the meeting of electors supersedes all previous certificates.

Under the law, states that select electors by popular vote can modify the period of voting only in the case of "extraordinary and catastrophic" events. The modification may occur only according to laws that were passed before the voting period.

The date on which the electors convene to vote also changes under the law, to the "first Tuesday after the second Wednesday in December". It was previously one day earlier. [7]

Review of claims brought by candidates

An action brought by an aggrieved candidate for president or vice president is guaranteed an expedited review.

According to the law, the venue for such an action shall be the United States district court of the federal judicial district where the state capital is located. The action shall be heard by a three-judge judicial panel consisting of two circuit court of appeals judges and one district court judge. The court shall expedite the disposition of the action, in accordance with deadlines established by the law. Any appeal from the court's judgment may be heard directly by the Supreme Court on an expedited basis, and the court's final order on remand must occur at the latest on the day before the electors' meeting.

Congressional proceedings

The law clarifies that the vice president's role in the counting of the electoral votes is "solely ministerial," with no power to "determine, accept, reject, or otherwise adjudicate or resolve disputes over the proper list of electors, the validity of electors, or the votes of electors."

Any objection made by senators or representatives during the counting of the electoral votes must be made in writing and signed by at least one-fifth of the senators and one-fifth of the members of the House of Representatives. Previously, an objection required the signatures of only one member of each chamber.

The law also limits the grounds for an objection to one of the following:

  1. The electors of a state were not lawfully certified
  2. An elector's vote was not "regularly given" [8]

Transition funds

The law allows multiple "apparent successful candidates" to receive federal presidential transition funds if more than one candidate has not conceded five days after the election. It provides guidelines for administrator of the General Services Administration to determine when and to whom funds should be released.

Related Research Articles

<span class="mw-page-title-main">Article Two of the United States Constitution</span> Portion of the US Constitution regarding the executive branch

Article Two of the United States Constitution establishes the executive branch of the federal government, which carries out and enforces federal laws. Article Two vests the power of the executive branch in the office of the president of the United States, lays out the procedures for electing and removing the president, and establishes the president's powers and responsibilities.

<span class="mw-page-title-main">Twelfth Amendment to the United States Constitution</span> 1804 amendment regulating presidential elections

The Twelfth Amendment to the United States Constitution provides the procedure for electing the president and vice president. It replaced the procedure in Article II, Section 1, Clause 3, under which the Electoral College originally functioned. The amendment was proposed by Congress on December 9, 1803, and was ratified by the requisite three-fourths of state legislatures on June 15, 1804. The new rules took effect for the 1804 presidential election and have governed all subsequent presidential elections.

<span class="mw-page-title-main">Vice President of the United States</span> Second-highest constitutional office in the United States

The vice president of the United States (VPOTUS) is the second-highest officer in the executive branch of the U.S. federal government, after the president of the United States, and ranks first in the presidential line of succession. The vice president is also an officer in the legislative branch, as the president of the Senate. In this capacity, the vice president is empowered to preside over the United States Senate, but may not vote except to cast a tie-breaking vote. The vice president is indirectly elected together with the president to a four-year term of office by the people of the United States through the Electoral College. Since the passage of the Twenty-fifth Amendment to the US Constitution, the vice president may also be appointed by the president to fill a vacancy, via majority confirmation by both the Senate and the House.

<span class="mw-page-title-main">1820 United States presidential election</span> 9th quadrennial U.S. presidential election

The 1820 United States presidential election was the ninth quadrennial presidential election. It was held from Wednesday, November 1, to Wednesday, December 6, 1820. Taking place at the height of the Era of Good Feelings, the election saw incumbent Democratic-Republican President James Monroe win re-election without a major opponent. It was the third and the most recent United States presidential election in which a presidential candidate ran effectively unopposed. As of 2024, this is the most recent presidential election where an incumbent president was re-elected who was neither a Democrat nor a Republican, before the Democratic-Republican party split into separate parties. This election and the 2012 election are the only ones in U.S. history, to date, in which a third consecutive president was elected to a second consecutive term.

<span class="mw-page-title-main">United States Electoral College</span> Electors of the U.S. president and vice president

In the United States, the Electoral College is the group of presidential electors that is formed every four years for the sole purpose of voting for the president and vice president. The process is described in Article II of the U.S. Constitution. Each state appoints electors using legal procedures determined by its legislature, equal in number to its congressional delegation totaling 535 electors. A 1961 amendment granted the federal District of Columbia three electors. Of the current 538 electors, a simple majority of 270 or more electoral votes is required to elect the president and vice president. If no candidate achieves a majority there, a contingent election is held by the House of Representatives to elect the president and by the Senate to elect the vice president. Federal office holders, including senators and representatives, cannot be electors.

<span class="mw-page-title-main">2004 Colorado Amendment 36</span>

Colorado Amendment 36 was an initiated constitutional amendment on the ballot on November 2, 2004. It would have changed the way in which the state apportioned its electoral votes. Rather than assigning all of the state's electors to the candidate with a plurality of popular votes, under the amendment, Colorado would have assigned presidential electors proportionally to the statewide vote count, which would be a unique system. The amendment did not pass.

<span class="mw-page-title-main">Electoral Commission (United States)</span> 1877 US commission

The Electoral Commission, sometimes referred to as the Hayes-Tilden or Tilden-Hayes Electoral Commission, was a temporary body created by the United States Congress on January 29, 1877, to resolve the disputed United States presidential election of 1876. Democrat Samuel J. Tilden and Republican Rutherford B. Hayes were the main contenders in the election. Tilden won 184 undisputed electoral votes, one vote shy of the 185 needed to win, to Hayes' 165, with 20 electoral votes from four states unresolved. Both Tilden and Hayes electors submitted votes from these states, and each claimed victory.

<span class="mw-page-title-main">Joint session of the United States Congress</span> Gathering of members of both houses of Congress

A joint session of the United States Congress is a gathering of members of the two chambers of the bicameral legislature of the federal government of the United States: the Senate and the House of Representatives. Joint sessions can be held on any special occasion, but are required to be held when the president delivers a State of the Union address, when they gather to count and certify the votes of the Electoral College as the presidential election, or when they convene on the occasion of a presidential inauguration. A joint meeting is a ceremonial or formal occasion and does not perform any legislative function, and no resolution is proposed nor vote taken.

The president-elect of the United States is the candidate who has presumptively won the United States presidential election and is awaiting inauguration to become the president. There is no explicit indication in the U.S. Constitution as to when that person actually becomes president-elect, although the Twentieth Amendment uses the term "president-elect", thus giving the term "president-elect" constitutional justification. It is assumed the Congressional certification of votes cast by the Electoral College of the United States – occurring after the third day of January following the swearing-in of the new Congress, per provisions of the Twelfth Amendment – unambiguously confirms the successful candidate as the official "president-elect" under the U.S. Constitution. As an unofficial term, president-elect has been used by the media since at least the latter half of the 19th century, and was in use by politicians since at least the 1790s. Politicians and the media have applied the term to the projected winner, even on election night, and very few who turned out to have lost have been referred to as such.

<span class="mw-page-title-main">1861 Confederate States presidential election</span> Process to elect the president of the Confederate States of America

The 1861 Confederate States presidential election of November 6, 1861, was the first and only presidential election held under the Permanent Constitution of the Confederate States of America. Jefferson Davis, who had been elected president and Alexander H. Stephens, who had been elected vice president, under the Provisional Constitution, were elected to six-year terms that would have lasted from February 22, 1862, until February 22, 1868. Both Davis and Stephens' offices were abolished on May 5, 1865, when the Confederate government dissolved, however, and so were unable to finish their terms.

<span class="mw-page-title-main">2020 United States presidential election</span>

The 2020 United States presidential election was the 59th quadrennial presidential election, held on Tuesday, November 3, 2020. The Democratic ticket of former vice president Joe Biden and the junior U.S. senator from California Kamala Harris defeated the incumbent Republican president, Donald Trump, and vice president, Mike Pence. The election took place against the backdrop of the global COVID-19 pandemic and related recession. The election saw the highest voter turnout by percentage since 1900, with each of the two main tickets receiving more than 74 million votes, surpassing Barack Obama's record of 69.5 million votes from 2008. Biden received more than 81 million votes, the most votes ever cast for a candidate in a U.S. presidential election.

<span class="mw-page-title-main">1960 United States presidential election in Hawaii</span> Election in Hawaii

The 1960 presidential election in Hawaii was held on November 8, 1960, as part of the 1960 United States presidential election. This was the first presidential election in which Hawaii participated; the state had been admitted to the Union just over a year earlier. The islands favored Senator John F. Kennedy, a Democrat, by a narrow margin of 115 votes, or 0.06%, after a court-ordered recount overturned an initial result favoring Vice President Richard Nixon, a Republican. The result was considered an upset, as Nixon had been thought likely to win the state's electoral votes.

<span class="mw-page-title-main">2020 United States presidential election in Alabama</span>

The 2020 United States presidential election in Alabama took place on Tuesday, November 3, 2020, as part of the 2020 United States presidential election in which all 50 states and the District of Columbia participated. Alabama voters chose nine electors to represent them in the Electoral College via a popular vote pitting incumbent Republican President Donald Trump and his running mate, incumbent Vice President Mike Pence, against Democratic challenger and former Vice President Joe Biden and his running mate, United States Senator Kamala Harris of California. Also on the ballot was the Libertarian nominee, psychology lecturer Jo Jorgensen and her running mate, entrepreneur and podcaster Spike Cohen. Write-in candidates were permitted without registration, and their results were not individually counted.

<span class="mw-page-title-main">Electoral Count Act</span> United States law governing the counting of electoral votes

The Electoral Count Act of 1887 (ECA) is a United States federal law that added to procedures set out in the Constitution of the United States for the counting of electoral votes following a presidential election. In its unamended form, it last governed at the time of the 2021 United States Electoral College vote count. The Act has since been substantially amended by the Electoral Count Reform and Presidential Transition Improvement Act of 2022.

The following is a timeline of major events before, during, and after the 2020 United States presidential election, the 59th quadrennial United States presidential election, from November 2020 to January 2021. For prior events, see Timeline of the 2020 United States presidential election (2017–2019) and Timeline of the 2020 United States presidential election.

<span class="mw-page-title-main">2021 United States Electoral College vote count</span> Last step of 2020 presidential election

The count of the Electoral College ballots during a joint session of the 117th United States Congress, pursuant to the Electoral Count Act, on January 6–7, 2021, was the final step to confirm President-elect Joe Biden's victory in the 2020 presidential election over President Donald Trump.

<span class="mw-page-title-main">Eastman memos</span> Memos outlining debunked legal theories to overturn the 2020 US presidential election

The Eastman memos, also known as the "coup memo", are documents by John Eastman, an American law professor retained by then-President Donald Trump advancing the fringe legal theory that a U.S. Vice President has unilateral authority to reject certified State electors. This would have the effect of nullifying an election in order to produce an outcome personally desired by the Vice President, such as a result in the Vice President's own party's favor, including retaining himself as Vice President, or if the Vice President is himself the presidential candidate, then to unilaterally make himself president.

<span class="mw-page-title-main">2017 United States Electoral College vote count</span> Last step of 2016 presidential election

The count of the Electoral College ballots during a joint session of the 115th United States Congress, pursuant to the Electoral Count Act, on January 6, 2017, was the final step to confirm then-President-elect Donald Trump's victory in the 2016 presidential election over Hillary Clinton.

<span class="mw-page-title-main">Wisconsin prosecution of fake electors</span> Criminal prosecution concerning the Trump fake electors scheme

State of Wisconsin v. Kenneth Chesebro, et al. is a state criminal prosecution concerning the Trump fake electors plot in Wisconsin. The three defendants, Kenneth J. Chesebro,Michael A. Roman, and James R. Troupis, were lawyers and political aides to Donald Trump's 2020 presidential campaign involved in planning and producing fraudulent electoral vote paperwork as part of a plot to replace or nullify the official electoral votes of the state of Wisconsin in the 2020 presidential election. The three defendants are each charged with a single count of conspiracy to utter forged official documents as legitimate.

References

  1. "Congress passes election reform designed to ward off another Jan. 6". NPR. December 23, 2022.
  2. "What's in the U.S. Congress's Electoral Count Reform Act?". Reuters. December 20, 2022.
  3. Wang, Amy; Goodwin, Liz (December 19, 2022). "House joins Senate in passing Electoral Count Act overhaul in response to Jan. 6 attack". The Washington Post . ISSN   0190-8286 . Retrieved December 30, 2022.
  4. Cochrane, Emily (December 23, 2022). "House Clears $1.7 Trillion Spending Package, Averting Shutdown". The New York Times . ISSN   0362-4331 . Retrieved December 30, 2022.
  5. Carvajal, Nikki (December 29, 2022). "Biden signs $1.7 trillion government spending bill into law | CNN Politics". CNN. Retrieved December 30, 2022.
  6. "Text of H.R. 8824 (117th): Electoral Count Reform and Presidential Transition Improvement Act of 2022 (Introduced version)". GovTrack.us. Retrieved March 26, 2023.
  7. 3 U.S.C.   § 7 See the Notes tab, which documents the change in the electors meeting date.
  8. Parks, Miles (December 23, 2022). "Senators reach deal to clarify 1887 law at center of Jan. 6 attempt to overturn election". NPR . Retrieved February 27, 2024.