September 23, 2021

The Electoral Count Act

February 5, 2021 guardrails93x 0

The Electoral Count Act of 1887 specifies the procedure by which Congress counts the votes of the Electoral College which determine who will be the next President of the United States. In the past, this has been a purely ceremonial event which merely confirms the results of the November election. In 2013, the process took a total of 23 minutes. Though it has not received much attention until this year’s controversy surrounding Republican efforts to challenge electoral votes from swing states, the ECA is often ambiguous. Moreover, it reflects certain nineteenth century assumptions that we no longer share. For example, the ECA assumes that counting Electoral College votes is a political process whereas we view vote counting – even Electoral […]