Bipartisan Senate Group Strikes Deal to Rewrite Electoral Count Act
The changes outlined by the senators are intended to prevent a repeat of the effort on Jan. 6, 2021, to overturn the presidential election in Congress.WASHINGTON — A bipartisan group of senators proposed new legislation on Wednesday to modernize the 135-year-old Electoral Count Act, working to overhaul a law that President Donald J. Trump tried to abuse on Jan. 6, 2021, to interfere with Congress’s certification of his election defeat.The legislation aims to guarantee a peaceful transition from one president to the next, after the Jan. 6 attack on the Capitol exposed how the current law could be manipulated to disrupt the process. One measure would make it more difficult for lawmakers to challenge a state’s electoral votes when Congress meets to count them. It would also clarify that the vice president has no discretion over the results, and it would set out the steps to begin a presidential transition.A second bill would increase penalties for threats and intimidation of election officials, seek to improve the Postal Service’s handling of mail-in ballots and renew for five years an independent federal agency that helps states administer and secure federal elections.While passage of the legislation cannot guarantee that a repeat of Jan. 6 will not occur in the future, its authors believe that a rewrite of the antiquated law, particularly the provisions related to the vice president’s role, could discourage such efforts and make it more difficult to disrupt the vote count.Alarmed at the events of Jan. 6 that showed longstanding flaws in the law governing the electoral count process, a bipartisan group of lawmakers led by Senators Susan Collins, Republican of Maine, and Joe Manchin III, Democrat of West Virginia, had been meeting for months to try to agree on the rewrite.“In four of the past six presidential elections, this process has been abused, with members of both parties raising frivolous objections to electoral votes,” Ms. Collins said on Wednesday. “But it took the violent breach of the Capitol on Jan. 6 of 2021 to really shine a spotlight on the urgent need for reform.”In a joint statement, the 16 senators involved in the talks said they had set out to “fix the flaws” of the Electoral Count Act, which they called “archaic and ambiguous.” The statement said the group believed that, in consultation with election law experts, it had “developed legislation that establishes clear guidelines for our system of certifying and counting electoral votes for president and vice president.”Though the authors are one short of the 10 Republican senators needed to guarantee that the electoral count bill could make it past a filibuster and to final passage if all Democrats support it, they said they hoped to round up sufficient backing for a vote later this year.Ms. Collins said she expected the Senate Rules Committee to convene a hearing on the measures before the August recess. Senator Amy Klobuchar, Democrat of Minnesota and the chairwoman of the panel, was consulted in the drafting of the legislation.The bills were announced on the eve of a prime-time hearing by the House committee investigating the events surrounding the Jan. 6 attack, including Mr. Trump’s multilayered effort to invalidate his defeat. They also came as an investigation intensified into efforts by Mr. Trump and his allies to have Georgia’s presidential election results reversed. A Georgia judge has ordered Rudolph W. Giuliani, who spearheaded a push to overturn election results on behalf of Mr. Trump, to appear before a special grand jury in Atlanta next month.Key Revelations From the Jan. 6 HearingsCard 1 of 8Making a case against Trump. More