The Electoral Count Reform and Presidential Transition Improvement Act of 2022 is a revision of the

Electoral Count Act of 1887 The Electoral Count Act of 1887 (ECA) (, later codified at Title 3, Chapter 1) was a United States federal law adding to procedures set out in the Constitution of the United States for the counting of electoral votes following a presidential ...

, adding to procedures set out in the

Constitution of the United States The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the natio ...

for the counting of electoral votes following a

presidential election A presidential election is the election of any head of state whose official title is President. Elections by country Albania The president of Albania is elected by the Assembly of Albania who are elected by the Albanian public. Chile The pre ...

. It was passed and enacted by the

117th Congress The 117th United States Congress is the current meeting of the legislative branch of the United States federal government, composed of the United States Senate and the United States House of Representatives. It convened in Washington, D.C., on ...

and President Joe Biden in December 2022 as part of the

Consolidated Appropriations Act, 2023 The Consolidated Appropriations Act, 2023 is a $1.7 trillion omnibus spending bill funding the U.S. federal government for the 2023 fiscal year. It includes funding for a range of domestic and foreign policy priorities, including support for ...

Legislative history

It was sponsored by Senator

Susan Collins Susan Margaret Collins (born December 7, 1952) is an American politician serving as the senior United States senator from Maine. A member of the Republican Party, she has held her seat since 1997 and is Maine's longest-serving member of Co ...

of Maine and Senator

Joe Manchin Joseph Manchin III (born August 24, 1947) is an American politician and businessman serving as the senior United States senator from West Virginia, a seat he has held since 2010. A member of the Democratic Party, Manchin was the 34th governor of ...

of West Virginia. After about a year of negotiations, it became Division P of the

, which passed 68–29 in the Senate on December 22, 2022, and 225–201 in the House the following day. On December 29, 2022, it was signed into law by President Joe Biden.

Provisions

Some of the highlights of the bill include: * Identifying each state's governor as responsible for submitting certificates of ascertainment, unless otherwise specified by state laws or constitutions. * Providing for expedited review, including a

three-judge panel A judicial panel is a set of judges who sit together to hear a cause of action, most frequently an appeal from a ruling of a trial court judge. Panels are used in contrast to single-judge appeals, and hearings, which involves all of the judges of ...

with a direct appeal to the

Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...

, of certain claims related to a state’s certificate identifying its electors. * Requiring

Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of a ...

to defer to slates of electors submitted by a state’s executive pursuant to the judgments of state or federal courts. * Clarifying that the vice president cannot solely determine, accept, reject, or otherwise adjudicate disputes over electors. * Raising objection threshold from one member of each chamber to 20% of each chamber. * Prohibiting state legislatures from declaring a "failed election" to override the popular vote. They can now move their election only due to “

force majeure In contract law, (from Law French: 'overwhelming force', ) is a common clause in contracts which essentially frees both parties from liability or obligation when an extraordinary event or circumstance beyond the control of the parties, such ...

events that are extraordinary and catastrophic”.

References

United States federal election legislation United States Electoral College Acts of the 117th United States Congress Presidency of Joe Biden Riders to United States federal appropriations legislation

External links

* * {{Cite web, url=https://www.congress.gov/bill/117th-congress/senate-bill/4573/text, title=S.4573 – Electoral Count Reform and Presidential Transition Improvement Act of 2022, website=Congress.gov, date=October 18, 2022