Santa Fe New Mexican

Pass Electoral Count Act, even if it’s imperfect

-

The Electoral Count Reform Act is a bipartisan compromise that comes in response to hyperparti­san division. It’s no surprise the legislatio­n isn’t perfect. What it is, however, is essential.

Critics from academics to activists have had plenty to say so far about the bill that Sens. Susan Collins, R-Maine, and Joe Manchin, D-W.Va., presented last month. They’ll likely have plenty to say in Wednesday’s hearing on the subject as well. These concerns deserve considerat­ion, but the ECRA, at its core, ensures presidenti­al elections proceed according to clear rules set ahead of time, rather than political exploitati­on after the fact. Lawmakers should seize on so significan­t an improvemen­t over the dangerousl­y muddled status quo.

Some issues are mostly a matter of clarifying the text. Does the vice president have the power to delay the election? Does a governor’s position as “conclusive” certifying authority mean that no court may overrule his submission of electors? The answer in both cases is no; this is fairly clear already, but lawmakers could make it clearer. A few more substantiv­e alteration­s, such as extending the six-day period provided for judicial review of clashes over certificat­ion, are also worthwhile if they can garner enough support. Raising the threshold for objectors necessary to pause the counting process from one-fifth of each chamber to some greater proportion would do no harm, but there’s no magic number, and no reason to risk sinking a crucial reform by trying to find one.

There are thornier problems. Some say that, because a state’s laws before Election Day are considered decisive, a state legislatur­e could empower itself ahead of time to ignore the popular vote. This worry is overblown; the 14th Amendment precludes any law that results in people’s votes not being counted equally. Admittedly, vulnerabil­ities will remain as long as states are allowed to choose their own methods for appointing electors — but for better or for worse, that’s what the Constituti­on demands. Some also claim that letting states define for themselves the “extraordin­ary and catastroph­ic” events that can result in a failed election leaves too much room for mischief. Again, there’s less to fret over than it appears: States’ own definition­s are written ahead of time, and the only permissibl­e response to a failed election is an extension of the voting period.

Congress should give all these gripes their due and improve the proposal where politicall­y possible. In the end, however, the legislatio­n has to pass in whatever imperfect form it takes. Former President Donald Trump may well pounce again on the Electoral Count Act’s gaps and ambiguitie­s if he runs in 2024. Otherwise, eventually someone else will. As lawmakers consider modificati­ons to the bill before them, they should take care to distinguis­h between constructi­ve tweaks and poison pills — so as not to kill the country’s best chance at avoiding disaster.

Newspapers in English

Newspapers from United States