Presidential Election of 1876

Subterms

    Latest story

    75 Shares131 Views

    A Brief History of Messy Elections

    by

    Three times the results were disputed after the votes were in.This article is part of A Kid’s Guide to the Election, a collection of stories about the 2024 presidential election for readers ages 8 to 14, written and produced by The New York Times for Kids. This section is published in The Times’s print edition on the last Sunday of every month.America is the world’s oldest democracy. And part of why it has worked for so long is that people have faith that its elections are fair and honest. But not every election has gone smoothly. In the more than two centuries that we’ve been electing presidents, there have been a handful of elections in which people disputed the results.1876: A divided nationAbout a decade after the Civil War ended, America was still deeply divided between North and South. The 1876 election, between Samuel Tilden, the Democrat, and Rutherford B. Hayes, the Republican, came down to three Southern states where the results were disputed. Neither candidate had a majority of the Electoral College without those three states. So Congress appointed a committee to decide, and a deal was struck: Hayes would become president. But in exchange, the federal government would ease control over the Southern states that had been part of the Confederacy.2000: A 537-vote winThe 2000 election was very, very close. The Democratic candidate, Al Gore, won more votes across the country than his competitor, George W. Bush. But he didn’t have a majority in the Electoral College. It all came down to a single state, Florida, where Bush had a very slim lead. Gore went to court to challenge the vote counts in several counties there. But after a 36-day legal battle, the Supreme Court voted 5 to 4 to end the recounts. That left Bush with just 537 more votes in Florida, which meant that he won the Electoral College and the presidency. After that, Gore conceded. “I accept the finality of this outcome,” he said.2020: A capitol riotIn 2020, Joe Biden beat Donald Trump by seven million votes nationwide and won the Electoral College. But Trump wouldn’t accept the loss. He filed many lawsuits and pressured state officials, the Justice Department and his own vice president to help switch the results to him. It didn’t work. On Jan. 6, 2021, Trump told supporters to march to the Capitol, where Congress was counting the Electoral College votes. His supporters stormed the Capitol, and many people were hurt. Eventually, the police cleared the mob out, and Congress declared Biden the winner. More

    More stories

    • 75 Shares129 Views

      in Elections

      J.D. Vance’s Strange Turn to 1876

      by

      The most favorable gloss you could give to Donald Trump’s effort to “Stop the Steal” is that it was an attempt to deal with real discrepancies in the 2020 presidential race as well as to satisfy those voters angry about the conduct of the election.This, in fact, was the argument made by Senator J.D. Vance of Ohio in a recent interview with my colleague Ross Douthat. Vance defended the conduct of the former president and his allies, and condemned the political class for its attempt to “try to take this very legitimate grievance over our most fundamental democratic act as a people, and completely suppress concerns about it.”Vance briefly analogized Trump’s attempt to contest the election to that of the disputed election of 1876, describing the latter as an example of what should have been done in 2020. “Here’s what this would’ve looked like if you really wanted to do this. You would’ve actually tried to go to the states that had problems; you would try to marshal alternative slates of electors, like they did in the election of 1876. And then you have to actually prosecute that case; you have to make an argument to the American people.”Let’s look at what happened in 1876. In that race, the Democrat, Gov. Samuel Tilden of New York, won a majority of the national popular vote but fell one vote short of a majority in the Electoral College. The Republican, Rutherford Hayes, was well behind in both. The trouble was 20 electoral votes in four states: Florida, Louisiana, Oregon and South Carolina. In the three Southern states, where the elections were marred by fraud, violence and anti-Black intimidation, officials from both parties certified rival slates of electors.Hayes believed, probably correctly, that had there been “a fair election in the South, our electoral vote would reach two hundred and that we should have a large popular majority.” As the historian Michael Fitzgibbon Holt noted in “By One Vote: The Disputed Presidential Election of 1876,” “Had blacks been allowed to vote freely, Hayes easily would have carried all three states in dispute, Mississippi, and perhaps Alabama as well.”In the weeks following the election, Democrats and Republicans in those states would fight fierce legal battles on behalf of their respective candidates. In South Carolina, where an election for governor was in dispute as well, Democrats threatened to seize the statehouse by force. The predominantly Black Republican majority in the state legislature tried to certify the Republican candidate as the winner, and Democrats went as far as convening a separate legislature, where they crowned their candidate, Wade Hampton III, the victor.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

    • 125 Shares169 Views

      in Elections

      The Electoral College Is ‘the Exploding Cigar of American Politics’

      by

      Hey, it’s election season! Think about it: A year from now, we should know who the next president is going to be and …Stop beating your head against the wall. Before we start obsessing over the candidates, let’s spend just a few minutes mulling the big picture. Really big. Today, we’re going to moan about the Electoral College.Yes! That … system we have for actually choosing a president. The one that makes who got the most votes more or less irrelevant. “The exploding cigar of American politics,” as Michael Waldman of the Brennan Center for Justice called it over the phone.Whoever gets the most electoral votes wins the White House. And the electoral votes are equal to the number of representatives and senators each state has in Washington. Right now that means — as I never tire of saying — around 193,000 people in Wyoming get the same clout as around 715,000 people in California.It’s possible the system was quietly hatched as a canny plot by the plantation-owning Southerners to cut back on the power of the cities. Or it’s possible the founders just had a lot on their minds and threw the system together at the last minute. At the time, Waldman noted, everybody was mainly concerned with making sure George Washington was the first president.Confession: I was hoping to blame the whole Electoral College thing on Thomas Jefferson, who’s possibly my least favorite founding father. You know — states’ rights and Sally Hemings. Not to mention a letter he once wrote to his daughter, reminding her to wear a bonnet when she went outside because any hint of the sun on her face would “make you very ugly and then we should not love you so much.” But Jefferson was someplace in France while all this Electoral College stuff was going on, so I’m afraid it’s not his fault.Anyway, no matter how it originally came together, we’ve now put the loser of the popular vote in office five times. Three of those elections were more than a century ago. One involved the Republican Rutherford B. Hayes, who won in 1876 even though the electoral vote was virtually tied and Samuel Tilden easily won the popular vote. But the Republicans made a deal with Southern Democrats to throw the election Hayes’s way in return for a withdrawal of federal troops from the South, which meant an end to Reconstruction and another century of disenfranchisement for Black voters in the South.Really, every time I get ticked off about the way things are going in our country, I keep reminding myself that Samuel Tilden had it worse. Not to mention the Black voters, of course.Here’s the real, immediate worry: Our current century is not even a quarter over and we’ve already had the wrong person in the White House twice. George W. Bush lost the popular vote to Al Gore in 2000 — many of you will remember the manic counting and recounting in Florida, which was the tipping point state. (Gore lost Florida by 537 votes, in part thanks to Ralph Nader’s presence on the ballot. If you happen to see Robert Kennedy Jr. anytime soon, remind him of what hopeless third-party contenders can do to screw up an election.)And then Hillary Clinton beat Donald Trump decisively in the popular vote — by about 2.8 million votes, coming out ahead by 30 percentage points in California and 22.5 percentage points in New York. But none of that mattered when Trump managed to eke out wins by 0.7-point margins in Wisconsin and Pennsylvania, not to mention his 0.3-point victory in Michigan.By the way, does anybody remember what Clinton did when she got this horrible news? Expressed her dismay, then obeyed the rules and conceded. Try to imagine how Trump would behave under similar circumstances.OK, don’t. Spare yourselves.Sure, every vote counts. But it’s hard not to notice that every vote seems to count a whole lot more if you happen to be registered in someplace like Michigan, where the margin between the two parties is pretty narrow. After her loss, Clinton did wonder how much difference it might have made if she’d taken “a few more trips to Saginaw.”On the other side of the equation, Wyoming is the most Republican state, with nearly 60 percent of residents identifying with the G.O.P. and just about a quarter saying they’re Democrats. Nobody is holding their breath to see which way Wyoming goes on election night.But if you’re feeling wounded, Wyoming, remember that presidential-election-wise, every citizen of Wyoming is worth almost four times as much as a Californian.We are not even going to stop to discuss representation in the U.S. Senate, but gee whiz, Wyoming. You could at least show a little gratitude.Nothing is going to happen to fix the Electoral College. Can you imagine trying to get a change in the Constitution that enormous? It was a long haul just to pass an amendment to prohibit members of Congress from raising their own pay between elections.But we do at least deserve a chance to groan about it once in a while.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

    • 138 Shares119 Views

      in Elections

      With the Latest Trump Indictment, Mind These Lessons From the South

      by

      With her sweeping indictment of former President Donald Trump and over a dozen co-conspirators, the Fulton County, Ga., district attorney Fani Willis is now set to prosecute her case in a court of law. Just as important, it is essential that she and others continue to explain to the American public why the decision serves a critical purpose beyond the courts and for the health of our constitutional order.The indictment should be situated in the broader arc of American political development, particularly in the South. That history justifies using the criminal justice system to protect the democratic process in Georgia — a critical swing state — for elections now and in the future.We have the benefit of hindsight to heed the great lesson of the Reconstruction era and the period of redemption that followed: When authoritarians attack democracy and lawbreakers are allowed to walk away from those attacks with impunity, they will try again, believing there are no repercussions.We should not make those mistakes again.The period after the American Civil War entrenched many of America’s political ills. Ex-confederates were welcomed back into the body politic without meaningful penance. There were vanishingly few arrests, trials and lengthy punishments. Suffering minimal political disabilities, they could muster enough power to “redeem” Southern governments from biracial coalitions that had considerable sway to remake the South.Examples of democratic decay were regrettably abundant. An early sign occurred in Louisiana. With a multiracial electorate, Reconstruction Louisiana held great promise. During contentious state elections in 1872, Louisiana Democrats intimidated Black voters from casting ballots and corruptly claimed victory. The disputed election spurred political violence to assert white supremacy, including the Colfax Massacre in 1873, where as many as 150 Black citizens were killed in Grant Parish when a white mob sought to take control of the local government.Federal prosecutors brought charges against a number of the perpetrators. But in 1876, the Supreme Court held in United States v. Cruikshank that the federal government could not prosecute private violence under the 14th Amendment because it could only protect citizens against constitutional rights violations by state actors. By its decision, the court gave license to mobs to disrupt the peaceful transition of power with grave consequences.South Carolina could have been a Reconstruction success story. Its state constitution and government reflected the values and priorities of its Black majority. The planter elite attacked the Reconstruction government as a socialist rabble and baselessly mocked elected officials as incompetent. In the lead-up to elections in 1876, political violence brewed across the state, and Democrats secured a narrow victory. But democratic decay was precipitous. Over time, South Carolina imposed new limits on voting, moving precincts into white neighborhoods and creating a confusing system. Legislators passed the Eight Box Law, which required voters to submit a separate ballot for each elected office in a different box and invalidated any votes submitted in the wrong box. This created a barrier to voting for people who could not read.The lack of repercussions for political violence and voter suppression did little to curb the impulse to crush biracial democracy by mob rule. The backsliding spread like cancer to Mississippi, Virginia and North Carolina.In Georgia, just before the state was initially readmitted to the Union, Georgians elected a Republican to the governorship and a Republican majority to the state senate. Yet the promise of a strong Republican showing was a mirage. Conservative Republicans and Democrats joined forces to expel more than two dozen Black legislators from the Georgia General Assembly in September 1868. From there, tensions only grew. Political violence erupted throughout the state as elections drew closer that fall, most tragically in Camilla, where white supremacists killed about a dozen Black Georgians at a Republican political rally.The democratic failures of that era shared three common attributes. The political process was neither free nor fair, as citizens were prevented from voting and lawful votes were discounted. The Southern Redeemers refused to recognize their opponents as legitimate electoral players. And conservatives abandoned the rule of law, engaging in intimidation and political violence to extinguish the power of multiracial political coalitions.At bottom, the theory behind the Fulton County indictment accuses Mr. Trump and his allies of some of these same offenses.The phone call between Mr. Trump and the Georgia secretary of state Brad Raffensperger (“Fellas, I need 11,000 votes,” Mr. Trump demanded) is crucial evidence backing for a charge relating to soliciting a public officer to violate his oath of office. Mr. Trump’s coercive tactics persisted even though he should have known that Joe Biden fairly won the state’s Electoral College votes. But facts never seemed to matter. Mr. Trump’s false allegation of a rigged contest — a claim he and others made well before voting began — was grounded in a belief that opposition to his re-election was never legitimate.Mr. Trump and his allies could not accept that an emerging multiracial coalition of voters across the state rejected him. Election deniers focused on Atlanta, a city whose Black residents total about half the population, as the place where Georgia’s election was purportedly stolen. The dangerous mix of racial grievance and authoritarian impulses left Trump loyalists feeling justified to concoct the fake electors scheme and imploring the General Assembly to go into a special session to arbitrarily undo the will of Georgians.Political violence and intimidation are some of the most obvious symptoms of democratic decay. The charges in Fulton County are an attempt to use the criminal justice system to repudiate political violence.The sprawling case is stronger because the conspiracy to overturn Georgia’s presidential election results was replete with acts of intimidation by numerous people. Mr. Trump and Rudy Giuliani engaged in a full-scale harassment campaign against Fulton County election workers when they baselessly alleged that two individuals added fake votes to Mr. Biden’s tally. Mr. Trump threatened Mr. Raffensperger and a state employee with “a criminal offense” if they declined to join his corruption, warning them they were taking “a big risk.” A healthy democracy cannot tolerate this behavior.Democracy is not guaranteed, and democratic backsliding is never inevitable. The country avoided the worst, but the past few years have still been profoundly destabilizing for the constitutional order in ways akin to some of the nation’s darker moments.Indeed, the case by Ms. Willis can be seen as an effort to avoid darker moments in the future, especially for a critical swing state like Georgia. We should remember the words in 1871 of Georgia’s first Black congressman, Jefferson Franklin Long, who spoke out when Congress debated relaxing the requirements for restoring certain rights to ex-Confederates without meaningful contrition: “If this House removes the disabilities of disloyal men … I venture to prophesy you will again have trouble from the very same men who gave you trouble before.”His prediction proved all too accurate. It now may be up to the people of Fulton County to stop election denialism’s widening gyre.Anthony Michael Kreis is an assistant professor of law at Georgia State University, where he teaches and studies constitutional law and the history of American politics.Source photographs by Bettmann, Buyenlarge, and Corbis Historical, via Getty.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

    • 113 Shares129 Views

      in Elections

      There’s Hot and Then There’s Hot as … Politics

      by

      Bret Stephens: Hi, Gail. Damn, it’s hot.Gail Collins: Ah Bret, we agree once again. How inspiring it is to realize that even in these troubled times, Americans of all political stripes can gather to complain about the weather.Bret: Just give this conversation another five seconds ….Gail: And, of course, vent about Senator Joe Manchin, who keeps putting his coal-loving foot on any serious attempt to deal with climate change.Am I moving out of our area of agreement?Bret: Maybe a tad. I’m grateful to Manchin for fighting for American energy. We’ll all be complaining about climate change a whole lot more when diminished power generation and supply shocks leave us with rolling blackouts and long stretches without air-conditioning.On the other hand, I mentioned in a previous conversation that I’m going to Greenland later this summer. Wasn’t kidding! An oceanographer I know pretty much wants to shove my face into a melting glacier in hopes of some kind of Damascene conversion.Gail: Great! Then we can join hands and lobby for tax incentives that will encourage Americans to buy electric cars and encourage power companies to trade coal for wind and solar energy, right?Bret: Wind and solar power alone will never meet demand. We should build a lot more nuclear power, which is what France is doing, again, and also extract more gas and oil in the U.S. and Canada. However, if Joe Biden also wants to help me pay for that Tesla I don’t actually need, I probably won’t say no.Speaking of the president, I’m wishing him a speedy recovery. Is Covid something we can at last stop being freaked out about?Gail: Clearly Biden’s in a particular risk group because of his age, but 79-year-olds who are surrounded by high-quality medical staff may not be the most endangered part of the population.Bret: Just hope the vice president’s office didn’t recommend the doctor.Gail: One of the biggest problems is still the folks who refused to get vaccinated. And who are still being encouraged by a number of Republican candidates for high office.Bret: OK, confession: I’m having a harder and harder time keeping faith with vaccines that seem to be less and less effective against the new variants. How many boosters are we all supposed to get each year?Gail: Oh Bret, Bret …Bret: Never mind my Kamala joke, now I’m in real trouble. What were you saying about Republicans?Gail: I was thinking about anti-vaxxers — or at least semi-anti-vaxxers — like Dan Cox, who is now the Republican nominee for Maryland governor, thanks to the endorsement of Donald Trump and about $1.16 million in TV ads paid for by the Democratic Governors Association, who think he’ll be easy to beat.Bret: Such a shame that a state Republican Party that had one of the few remaining Republican heroes in the person of the incumbent governor, Larry Hogan, should nominate a stinker like Cox, who called Mike Pence a “traitor” for not trying to overturn the election on Jan. 6. His Democratic opponent, Wes Moore, is one of the most outstanding people I’ve ever met and could be presidential material a few years down the road.I hope Cox loses by the widest margin in history. Of course I also said that of Trump in 2016.Gail: Ditto. But I just hate the Democrats’ developing strategy of giving a big boost to terrible Republican candidates in order to raise their own side’s chances. It is just the kind of thing that can come back to haunt you in an era when voters have shown they’re not always freaked out by contenders who have the minor disadvantage of being crazy.Bret: Totally agree. We should be working to revive the center. Two suggestions I have for deep-pocketed political donors: Don’t give a dime to an incumbent who has never worked on at least one meaningful bipartisan bill. And ask any political newcomer to identify one issue on which he or she breaks with party orthodoxy. If they don’t have a good answer, don’t write a check.For instance: bail reform. My jaw hit the floor when the guy who tried to stab Representative Lee Zeldin at a campaign event in New York last week walked free after a few hours, even if he was then rearrested under a federal statute.Gail: We semi-disagree about bail reform. I don’t think you decide who should be able to walk on the basis of the amount of money their families can put up. Anybody who’s charged with a dangerous crime should stay locked up, and the rest should go home and be ready for their day in court. More

    • 175 Shares199 Views

      in Elections

      Jan. 6 Was a Warning. Will Lawmakers Do Anything to Protect the 2024 Election?

      by

      The transfer of political power is perhaps the most delicate moment in the life of a democracy. It follows an election which the party in power lost and its opponents won. Inevitably, feelings are raw, tempers are short, and mistrust can run high … all as control of the nation is changing hands.Because politics is how a self-governing society resolves its differences peacefully, it is essential that the rules of this transfer are as clear as they can be. If they are not, they can be exploited to create confusion and discord. In the extreme, as the world saw on Jan. 6, 2021, ambiguity on the page opens the door to bloodshed in the streets — exactly what the rules aim to avoid.This is why Republicans and Democrats in Congress are right to train their sights on fixing, at long last, the 135-year-old federal law that sets out the process for tabulating the electoral votes that decide who becomes president, known as the Electoral Count Act.Legal experts have been raising the alarm over the act for years. Its most consequential provision, dealing with Congress’s counting of electoral votes, is “a virtually impenetrable maze,” one scholar wrote in 2019. This was the provision that President Donald Trump, assisted by a posse of partisan lawyers, zeroed in on to encourage arguably unconstitutional behavior by Vice President Mike Pence and members of Congress, potentially criminal behavior by Rudy Giuliani and his dozens of fake electors, and obviously criminal behavior by hundreds of rioters who laid siege to the Capitol.It doesn’t matter whether any of these people actually believed the wild claims about how the Electoral Count Act works, if they had heard of it at all. The law’s confounding language created the space for a seductive narrative about a stolen election, and a legal path to take it back.More than a year later, Mr. Trump continues to lie about the law, revealing in the process his utter contempt for the most basic democratic principles. “Mike Pence did have the right to change the outcome, and they now want to take that right away,” Mr. Trump said late last month in a statement opposing E.C.A. reform. “Unfortunately, he didn’t exercise that power — he could have overturned the election!”No, he could not. Mr. Pence acknowledged as much on Friday. “I had no right to overturn the election,” he said. Yet that much should have been crystal-clear even before 2020. Since it wasn’t, and since Mr. Trump shows every indication of planning to run again in 2024, it is imperative that Congress clarifies the law now — before anyone casts a ballot in that election, and before knowing which party will be in charge of the Senate or the House of Representatives. It’s not hyperbole to say that American democracy is at stake.To understand the mess of the Electoral Count Act requires a brief history lesson. The law arose out of one of the most controversial elections in American history, the 1876 presidential race, a nail-biter with disputes over electoral votes in several states, leading to an ad hoc congressional commission that haggled for months and did not settle on a clear winner until days before the inauguration. Rutherford B. Hayes, who in the end was awarded the presidency over the Democrat, Samuel Tilden, wrote that “radical change” was needed immediately to prevent a similar battle from tearing the nation apart. Still a decade went by before Congress took action, and the law it ultimately passed confused more than it clarified.Today, three reforms matter above all: clearly defining the role and powers of the vice president, of Congress and of the states in electing the president. All three are central to achieving the fundamental goal, which is to ensure that voters, and not partisan political officials, get to choose their leader.Let’s take each of the players in turn.First, the vice president. Contrary to the self-serving fantasies of Mr. Trump and the lawyers who schemed with him, like John Eastman, the vice president’s role on Jan. 6 is a straightforward one. Starting at 1 p.m., the job is to open the envelopes and announce the electoral-vote counts from each state, in alphabetical order, then call for any objections. That’s it.She or he has no authority to unilaterally reject electors from the states. The law already lays out this process, but its outdated language is vague and should be clarified in a way that leaves no room for mischief.Next, Congress. The national legislature has many responsibilities, but sitting as a presidential-recount board is not one of them. Whenever a state submits a single, uncontested slate of electors, as all 50 states did in 2020, Congress’s job is to accept it. The problem is that the Electoral Count Act makes it easy to throw a wrench in the works by allowing objections to a state’s submission if only a single senator and a single representative sign on. This sets off hours of debate and delay — a recipe for chaos, as Senators Ted Cruz and Josh Hawley demonstrated with their grandstanding around baseless allegations about voting irregularities that had been rejected by every court to consider them.To avoid a repeat of this shameful and reckless behavior, Congress should raise the bar significantly — by requiring the assent of one-quarter or even one-third of both houses to lodge an objection, and a supermajority to sustain one. It should also strictly limit the grounds for raising an objection in the first place.What if a state submits two conflicting slates of electors? And what if the two houses of Congress disagree over which slate is valid? That’s a different sort of problem, and while it didn’t happen in 2020, it did in 1876 and could cause a major crisis again in 2024 — if, say, a Trump-aligned governor who believes that election was stolen refuses to certify a valid popular-vote count that favors the Democratic nominee, and instead authorizes his state’s Republican electors to cast their ballots for Mr. Trump. (Think that sounds crazy? Then you haven’t been listening to David Perdue, the former senator running for governor of Georgia.) In such a scenario, the Electoral Count Act needs to make it clear that Congress should accept the electors who were chosen in accordance with state law.This is where the courts, and especially the federal courts, play an essential role. The law should leave no doubt that judges — and not political actors — have the last word in resolving any vote-counting disputes that arise between Election Day and mid-December, when electors meet in state capitals to cast their ballots.Last, but far from least, are the states themselves. Under the Constitution, state legislatures have the authority to appoint their electors however they choose. They can let the voters do it, as all 50 states do today, or they can do it themselves, as many states did in the early years of the Republic. The key point is, there are no backsies. Once a legislature has settled on a method, it may not change its mind because it’s not happy with the results on Election Day. If a state uses the popular vote to appoint electors, it is required to count those votes fairly and accurately, and to appoint electors in line with the outcome. As the speaker of the Arizona House of Representatives said last week in rejecting a bill that would have given the legislature the power to overturn the popular vote, “We gave the authority to the people. And I’m not going to go back and kick them in the teeth.’’Yet there is a glaring loophole in the federal law: If a state fails to make a choice by its prescribed method on Election Day, the legislature may step in and do as it pleases. This provision, even older than the Electoral Count Act, was written to address a narrow set of scenarios specific to the mid-19th century. Today it only invites abuse, as state legislatures can try to spin any outcome they don’t like as a “failed” election.Congress needs to limit this provision to real “failures” — a major natural disaster, terrorist attack or some other catastrophe, and even then only if it is impossible to arrange for a popular election afterward.Electoral Count Act reform is not the voting issue Democrats were hoping to push through Congress. They are rightly furious with Senators Joe Manchin and Kyrsten Sinema, along with every Senate Republican, for thwarting two badly needed bills that would have attacked many forms of voter suppression and partisan gerrymandering. Still, the current push to reform the act, whose proponents include Senators Angus King, Amy Klobuchar, Susan Collins and Mitt Romney, is worth the effort — not only because it will help protect the integrity of the presidential election, but because it may well be the only reform with enough bipartisan support to pass in this polarized moment.If its essential components do pass, Democrats can take comfort in knowing that politicians and lawmakers will have a much harder time undermining a valid vote. Republicans, who like to talk about the importance of states’ rights in our federalist system, can be reassured that Congress will stay in its lane and leave the power to appoint electors with the states, where it belongs.None of this would be an issue, of course, if the United States simply counted up all the votes and saw who won. In 2020, over seven million more Americans chose Joe Biden than chose Mr. Trump, a resounding victory that would have been impervious to all the legally dubious shenanigans Mr. Trump and his allies tried to pull. Even in the closest election of the last half century, in 2000, the national popular-vote margin was more than half a million — far more than the margins of victory in all the disputed states of 2000 and 2020 combined.But as long as we have the Electoral College, the process needs to be as clear and as foolproof as possible. Making it so will not guarantee that things run perfectly. After all, a political movement that is categorically unwilling to accept electoral defeat can do a lot of damage. But just because we can’t plan for everything is not an excuse to do nothing. When you make the perfect the enemy of the good, you get neither.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

    • 163 Shares119 Views

      in Elections

      Fearing a Repeat of Jan. 6, Congress Eyes Changes to Electoral Count Law

      by

      Members of the special House committee investigating the Capitol riot are among those arguing for an overhaul of a more than century-old statute enacted to address disputed elections.WASHINGTON — Members of the select congressional committee investigating the Jan. 6 attack at the Capitol are pressing to overhaul the complex and little-known law that former President Donald J. Trump and his allies tried to use to overturn the 2020 election, arguing that the ambiguity of the statute puts democracy itself at risk.The push to rewrite the Electoral Count Act of 1887 — enacted more than a century ago in the wake of another bitterly disputed presidential election — has taken on new urgency in recent weeks as more details have emerged about the extent of Mr. Trump’s plot to exploit its provisions to cling to power.Mr. Trump and his allies, using a warped interpretation of the law, sought to persuade Vice President Mike Pence to throw out legitimate results when Congress met in a joint session on Jan. 6 to conduct its official count of electoral votes.It was Mr. Pence’s refusal to do so that led a mob of Mr. Trump’s supporters to chant “Hang Mike Pence,” as they stormed the Capitol, delaying the proceedings as lawmakers fled for their lives. Members of Congress and the vice president ultimately returned and completed the count, rejecting challenges made by loyalists to Mr. Trump and formalizing President Biden’s victory.But had Mr. Pence done as Mr. Trump wanted — or had enough members of Congress voted to sustain the challenges lodged by Mr. Trump’s supporters — the outcome could have been different.“We know that we came precariously close to a constitutional crisis, because of the confusion in many people’s minds that was obviously planted by the former president as to what the Congress’s role actually was,” said Zach Wamp, a former Republican congressman from Tennessee who is a co-chairman of the Reformers Caucus at Issue One, a bipartisan group that is pressing for changes to the election process.Republicans in Congress have repeatedly blocked efforts by Democrats to alter election laws in the wake of the 2020 crisis, and it is not clear whether a bid to revamp the Electoral Count Act will fare any better. But experts have described the law as “almost unintelligible,” and an overhaul has the support of several leading conservative groups..css-1xzcza9{list-style-type:disc;padding-inline-start:1em;}.css-3btd0c{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:1rem;line-height:1.375rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-3btd0c{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-3btd0c strong{font-weight:600;}.css-3btd0c em{font-style:italic;}.css-1kpebx{margin:0 auto;font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:1.125rem;line-height:1.3125rem;color:#121212;}#NYT_BELOW_MAIN_CONTENT_REGION .css-1kpebx{font-family:nyt-cheltenham,georgia,’times new roman’,times,serif;font-weight:700;font-size:1.375rem;line-height:1.625rem;}@media (min-width:740px){#NYT_BELOW_MAIN_CONTENT_REGION .css-1kpebx{font-size:1.6875rem;line-height:1.875rem;}}@media (min-width:740px){.css-1kpebx{font-size:1.25rem;line-height:1.4375rem;}}.css-1gtxqqv{margin-bottom:0;}.css-1g3vlj0{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:1rem;line-height:1.375rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-1g3vlj0{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-1g3vlj0 strong{font-weight:600;}.css-1g3vlj0 em{font-style:italic;}.css-1g3vlj0{margin-bottom:0;margin-top:0.25rem;}.css-19zsuqr{display:block;margin-bottom:0.9375rem;}.css-12vbvwq{background-color:white;border:1px solid #e2e2e2;width:calc(100% – 40px);max-width:600px;margin:1.5rem auto 1.9rem;padding:15px;box-sizing:border-box;}@media (min-width:740px){.css-12vbvwq{padding:20px;width:100%;}}.css-12vbvwq:focus{outline:1px solid #e2e2e2;}#NYT_BELOW_MAIN_CONTENT_REGION .css-12vbvwq{border:none;padding:10px 0 0;border-top:2px solid #121212;}.css-12vbvwq[data-truncated] .css-rdoyk0{-webkit-transform:rotate(0deg);-ms-transform:rotate(0deg);transform:rotate(0deg);}.css-12vbvwq[data-truncated] .css-eb027h{max-height:300px;overflow:hidden;-webkit-transition:none;transition:none;}.css-12vbvwq[data-truncated] .css-5gimkt:after{content:’See more’;}.css-12vbvwq[data-truncated] .css-6mllg9{opacity:1;}.css-qjk116{margin:0 auto;overflow:hidden;}.css-qjk116 strong{font-weight:700;}.css-qjk116 em{font-style:italic;}.css-qjk116 a{color:#326891;-webkit-text-decoration:underline;text-decoration:underline;text-underline-offset:1px;-webkit-text-decoration-thickness:1px;text-decoration-thickness:1px;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:visited{color:#326891;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:hover{-webkit-text-decoration:none;text-decoration:none;}“There are a few of us on the committee who are working to identify proposed reforms that could earn support across the spectrum of liberal to conservative constitutional scholars,” said Representative Adam B. Schiff, Democrat of California and a member of the Jan. 6 committee. “We could very well have a problem in a future election that comes down to an interpretation of a very poorly written, ambiguous and confusing statute.”Representative Liz Cheney, Republican of Wyoming and the vice chairwoman of the committee, said on Thursday that “the 1887 Electoral Count Act is directly at issue” and that the panel would recommend changes to it.The Constitution leaves it up to Congress to finalize the results of presidential elections shortly before Inauguration Day. Article II, Section 1 says, “The president of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted.”Vice President Mike Pence presided over a joint session of Congress in January convened to formalize the Electoral College tally. Erin Schaff/The New York TimesBut the process is further detailed in the Electoral Count Act, which says that as lawmakers read through the electoral results of each state during a joint session of Congress, members of the House and Senate may submit objections in writing, which can be sustained if a majority of both chambers approves. In the event that a state submitted multiple slates to Congress, the governor’s certified electors would hold, the law says, unless a majority in both chambers voted to reject them.The statute was written in the aftermath of the disputed election of 1876 between Republican Rutherford B. Hayes and Democrat Samuel J. Tilden, and has dictated how Congress formalizes elections, mostly without incident, ever since.But what unfolded on Jan. 6 tested its limits.Both of the objections by Mr. Trump’s allies — who sought to invalidate the electoral votes of Pennsylvania and Arizona — failed in the House, although the vast majority of Republicans supported them. Yet in the months since, it has become clear those challenges were part of a broader strategy. John Eastman, a lawyer advising Mr. Trump, drafted a plan that included sending to Mr. Pence, who presided over the joint session in his role as president of the Senate, a slate of Trump electors from seven states won by Mr. Biden.Mr. Eastman and other allies of Mr. Trump suggested pressuring the vice president to accept the alternate slate of Trump electors, throwing out legitimate votes for Mr. Biden. Under such a scenario, Mr. Eastman argued, a vote of those states’ delegations in the House, favoring Republicans, could keep Mr. Trump in power. (Mr. Eastman this week informed the committee he planned to invoke his Fifth Amendment right against self-incrimination to avoid answering the committee’s questions.)“The antiquated law governing the Electoral College vote count is too vague and ripe for abuse, and it resulted in baseless objections that delayed the democratic process,” said Senator Amy Klobuchar, Democrat of Minnesota and the chairwoman of the Senate Rules Committee. “It’s time to update this law to safeguard our democracy.”Senator Chuck Schumer, Democrat of New York and the majority leader, has indicated an openness to revising the statute, and a small group of senators, including Senator Angus King, independent of Maine, has been working on potential solutions.Understand the Claim of Executive Privilege in the Jan. 6. InquiryCard 1 of 8A key issue yet untested. More

    • 75 Shares129 Views

      in Elections

      Never Forget What Ted Cruz Did

      by

      AdvertisementContinue reading the main storyOpinionSupported byContinue reading the main storyNever Forget What Ted Cruz DidThe senator has been able to use his Ivy League pedigree as a cudgel. After last week, his credentials should condemn him.Contributing Opinion WriterJan. 11, 2021, 5:00 a.m. ETCredit…Pool photo by Olivier DoulieryWhen I was growing up, I was often reminded that people with fancy educations and elite degrees “put their pants on one leg at a time just like the rest of us.” This was back in the early 1960s, before so many rich Texans started sending their kids to Ivy League schools, when mistrust of Eastern educated folks — or any highly educated folks — was part of the state’s deep rooted anti-intellectualism. Beware of those who lorded their smarts over you, was the warning. Don’t fall for their high-toned airs.Since I’ve been lucky enough to get a fancy enough education, I’ve often found myself on the other side of that warning. But then came Jan. 6, when I watched my Ivy League-educated senator, Ted Cruz, try to pull yet another fast one on the American people as he fought — not long before the certification process was disrupted by a mob of Trump supporters storming the Capitol and forcing their way into the Senate chamber — to challenge the election results.In the unctuous, patronizing style he is famous for, Mr. Cruz cited the aftermath of the 1876 presidential election between Rutherford Hayes and Samuel Tilden. It was contentious and involved actual disputes about voter fraud and electoral mayhem, and a committee was formed to sort it out. Mr. Cruz’s idea was to urge the creation of a committee to investigate invented claims of widespread voter fraud — figments of the imaginations of Mr. Trump and minions like Mr. Cruz — in the election of Joe Biden. It was, for Mr. Cruz, a typical, too-clever-by-half bit of nonsense, a cynical ploy to paper over the reality of his subversion on behalf of President Trump. (The horse trading after the 1876 election helped bring about the end of Reconstruction; maybe Mr. Cruz thought evoking that subject was a good idea, too.)But this tidbit was just one of many hideous contributions from Mr. Cruz in recent weeks. It happened, for instance, after he supported a lawsuit from Texas Attorney General Ken Paxton (under indictment since 2015 for securities fraud) in an attempt to overturn election results in critical states (it was supported by other Texan miscreants like Representative Louie Gohmert).The esoteric exhortations of Jan. 6 from Mr. Cruz, supposedly in support of preserving democracy, also just happened to occur while a fund-raising message was dispatched in his name. (“Ted Cruz here. I’m leading the fight to reject electors from key states unless there is an emergency audit of the election results. Will you stand with me?”) The message went out around the time that the Capitol was breached by those who probably believed Mr. Cruz’s relentless, phony allegations.Until last Wednesday, I wasn’t sure that anything or anyone could ever put an end to this man’s self-serving sins and long trail of deceptions and obfuscations. As we all know, they have left his wife, his father and numerous colleagues flattened under one bus or another in the service of his ambition. (History may note that Senator Lindsey Graham, himself a breathtaking hypocrite, once joked, “If you killed Ted Cruz on the floor of the Senate, and the trial was in the Senate, nobody would convict you.”)But maybe, just maybe, Mr. Cruz has finally overreached with this latest power grab, which is correctly seen as an attempt to corral Mr. Trump’s base for his own 2024 presidential ambitions. This time, however, Mr. Cruz was spinning, obfuscating and demagoguing to assist in efforts to overturn the will of the voters for his own ends.Mr. Cruz has been able to use his pseudo-intellectualism and his Ivy League pedigree as a cudgel. He may be a snake, his supporters (might) admit, but he could go toe to toe with liberal elites because he, too, went to Princeton (cum laude), went to Harvard Law School (magna cum laude), was an editor of the Harvard Law Review and clerked for Supreme Court Chief Justice William Rehnquist. Mr. Cruz was not some seditionist in a MAGA hat (or a Viking costume); he styled himself as a deep thinker who could get the better of lefties from those pointy headed schools. He could straddle both worlds — ivory towers and Tea Party confabs — and exploit both to his advantage.Today, though, his credentials aren’t just useless; they condemn him. Any decent soul might ask: If you are so smart, how come you are using that fancy education to subvert the Constitution you’ve long purported to love? Shouldn’t you have known better? But, of course, Mr. Cruz did know better; he just didn’t care. And he believed, wrongly I hope, that his supporters wouldn’t either.I was heartened to see that our senior senator, John Cornyn, benched himself during this recent play by Team Crazy. So did seven of Texas’ over 20 Republican members of the House — including Chip Roy, a former chief of staff for Mr. Cruz. (Seven counts as good news in my book.)I’m curious to see what happens with Mr. Cruz’s check-writing enablers in Texas’ wealthier Republican-leaning suburbs. Historically, they’ve stood by him. But will they want to ally themselves with the mob that vandalized our nation’s Capitol and embarrassed the United States before the world? Will they realize that Mr. Cruz, like President Trump and the mini-Cruz, Senator Josh Hawley of Missouri, would risk destroying the country in the hope of someday leading it?Or maybe, just maybe, they will finally see — as I did growing up — that a thug in a sharp suit with an Ivy League degree is still a thug.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram.AdvertisementContinue reading the main story More