Section II of the U.S. Constitution states that those who have the most votes from the Electoral College will be elected as the president. It does not provide any specifics regarding how voting is to be carried out. Thus, in 1887 in the aftermath of a highly contested presidential election, Congress created one that functioned, in a way in the course of more than one century.
In the morning of January 6 2021, 2021, we witnessed the flaws in the system firsthand. In order to prevent the chaos of elections from returning, Congress is considering reforms through a bill titled “the Electoral Count Reform Act in 2022.”
We’ll take a look at the present Electoral College procedure and then see how the legislation would affect it.
What is an Electoral College? Electoral College?
The Electoral College is the body of electors that is required to be a part of the Constitution to select the vice president and president. Every state and District of Columbia appoint as numerous electors as they can with representatives of the House as well as the Senate.
From the 538 electors the winner must have the majority of 270 votes. If there is no chance for a candidate to win more than 270 votes then it is the U.S. House holds a “contingent election” to elect the president as does the Senate holds the same thing for vice-presidents.
What is the process for selecting electors?
The current system is that electors are selected via the popular vote on Election Day. Except for Maine and Nebraska the majority of states and those in the District of Columbia use “party block voting” which means the winning candidate receives all the voters in the state. The state of Maine and Nebraska the congressional districts selects one elector, and those who win statewide receives two additional electors.
The legislature of each state decides on the electors. The majority of legislatures let the political parties to select their electors. There is only one constitutional restriction that those who hold federal offices for example, the members of Congress are not able to act as electors.
What are the Elections of the People?
Following the conclusion of the election after the election, a state official usually the secretary or governor of state, certify the winner and names those who voted for the state. After the election in December the electors gather to make their votes known to the President and Vice-President. While the Constitution does not require that they vote for the winning state’s ticket There are many states with statutes that ban or penalize “faithless voters.”
The following day, on January 6 The head of the Senate (the currently vice president) is able to open the ballots and reads them to both the House of Representatives and Senate. Candidates who have won the largest number of votes are officially sworn into office on the 20th of January.
It sounds simple enough It sounds easy enough, however it isn’t. There are many opportunities that willing parties are able to take advantage of.
As an example, after the presidential election in 2020, former President Donald Trump’s legal team filed over 60 lawsuits in all the courts in America alleging fraud by voters. Trump disputed not just the outcomes of the election, as well as the legitimacy of voter certifications issued by the state. He was unsuccessful in every case, except for one (and in the one case the case of a voter ID where the judge allowed voters three days after the vote to “cure” their votes).
Another instance occurred in the Capitol on the 6th of January. The majority of Republican members opposed the Electoral College vote count. Furthermore, Trump, still believing that he had won publically stated that the then Vice president Mike Pence could, and ought to, deny the vote cast by contesting electors. It’s all history.
What are the reforms included in the Electoral Count Reform Act?
No matter what you think of whether you consider. 6 as a demonstration or riot, Congress is acting to make sure that what happened does not repeat itself. Sens. Susan Collins, R-Maine, as well as Joe Manchin, D-West Virginia who authored the bipartisan Election Count Reform Act 2022. This bill will reform the process of determining who is president through a variety of methods.
Conclusive Slate of the Electors
A set of reforms could make sure that every state is represented by one electoral slate that is identifiable to voters. The bill will do this through:
- That, in the absence of a state constitution or the law in force on Election Day says otherwise, only the governor of the state is able to verify who the voters of the state are.
- Ensuring faster and more efficient the judicial review process in elections disputes
- The requirement for Congress to rely on elections that have been certified by the governor of the state pursuant to court decisions
The role of the Vice President
The bill clarifies further the role of vice presidents will be strictly “ministerial.” This means that they’d be able to read votes, but wouldn’t have the authority to either accept or disapprove of the ballots.
Higher Objection Threshold
In the present, just one person in the House or Senate may oppose an elector or list of voters. The legislation would increase the threshold for objection to one-fifth of members from both the House as well as the Senate.
Security of Every State’s Popular Vote
In accordance with a law that has been which was passed in 1845 the legislature of a state could invalidate the popular vote through declaring an election a “failed election” the term is not specified by statute. A few Trump supporters invoked the law in defending postal ballots that hadn’t arrived before Election Day. This bill will ensure that, in the event of “extraordinary or extreme” conditions, a state can change their president’s election day.
Which other reforms are being In the Works?
On the 21st of September, 2022 on the 21st of September, 2022, the House of Representatives passed the “Presidential Election Reform Act.” It was authored by Reps. Liz Cheney, of Wyoming, as well as Zoe Lofgren, D-California, from the 6 January Select Committee, the House legislation would significantly rewrite instead of amending the Electoral Count Act. Senate Majority Speaker Mitch McConnell, who endorsed the Electoral Count Reform Act, stated that the House bill, which is not backed by the broad support of bipartisans, is an “nonstarter.”
Are We Going to See Presidential Election Reform?
Based on an POLITICO/Morning Consult poll, a majority of Americans are in favor of making it less difficult to reverse the results of elections. Even though the House measure could die upon its arrival however, this bill, the Electoral Count Reform Act, which has broad bipartisan support within the Senate is likely to have a high possibility of being in the Biden’s office. There will be no more 6th of January.
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