How Congress Can Fix the Electoral Count Act

(Originally published by The Washington Post on January 4, 2022)

National Capitol in Washington DC, United States landmark.

We are scholars of election law who span the ideological spectrum but agree on two fundamental principles to help avert potential political upheaval in the aftermath of the 2024 presidential election.

First, to avoid a repeat of Jan. 6, or worse, Congress must rewrite the Electoral Count Act, the outmoded 1887 law that governs the certification of the presidential vote. There is a pressing need for a clear set of rules to govern the certification of the presidential vote.

Second, this revision should be based on the premise that Congress is not a national recount board or a court for litigating the outcome of presidential elections. It is not the role of Congress to revisit a state’s popular vote tally.

(Continue reading the opinion essay on The Washington Post’s page here.)