Podcast Summary
New laws to clarify and modernize the electoral count process: The US Congress and President Biden have passed new laws to clarify the process for challenging electoral votes, make it harder to delay the transition, and provide greater clarity regarding the role of the vice president and electors, ensuring a smoother transfer of power in the future.
The United States Congress and President Joe Biden have recently passed new laws aimed at reforming the electoral count process and improving the presidential transition. These reforms come in response to attempts, during the 2020 presidential transition, to exploit ambiguities in the electoral count act of 1887 and challenge the peaceful transfer of power. The new laws will clarify the process for challenging electoral votes, make it more difficult to delay the transition, and provide greater clarity regarding the role of the vice president and slates of electors. These changes will help ensure a smoother transition of power in the future and prevent the kind of chaos and uncertainty that was seen in 2020. It's important to note that the electoral count act of 1887, which was the focus of these attempts to subvert the democratic process, has been in place since 1887. The reforms are a necessary step to modernize and clarify the electoral count process and prevent future attempts to undermine the peaceful transfer of power.
The Compromise of 1876: Hayes' Controversial Election and the Need for Electoral Reform: The controversial election of Rutherford B Hayes in 1876, marked by fraud and backroom deals, underscored the need for electoral reform. The compromise that followed ended Reconstruction but left ambiguities, leading to the Electoral Count Act in 1887, and more controversies in 2020.
The controversial election of Rutherford B Hayes in 1876, which saw him winning despite losing both the popular vote and several states due to fraud and backroom deals, led to the need for electoral reform. Hayes' election was the result of a compromise in which Southern states, including Florida, Louisiana, and South Carolina, sent in competing slates of electors, including 20 votes for Hayes. In return for these votes, Hayes agreed to end the Reconstruction era and remove federal troops from the South. This unsavory compromise highlighted the need for clearer boundaries in the electoral process, leading to the passage of the Electoral Count Act 10 years later. However, even with this reform, ambiguities and loopholes remained, as evidenced by attempts to exploit them during the 2020 election.
Preventing Competing Slates of Electors: New law declares only one valid slate of electors per state, signed by governor or designated official, and expedites judicial review for electoral challenges.
The 2020 presidential election saw an unprecedented attempt to disrupt the peaceful transition of power through the creation of false slates of electors by MAGA Republicans and their allies. These slates, not signed by governors or secretaries of state, were sent to the National Archive and Congress for counting. However, with the recent passing of Senate Bill 4573, this practice has been put to an end. The new law declares that only a single slate of electors per state is valid, and it must be signed by the governor or another designated official. This measure ensures that there will be no competing or fraudulent slates of electors in the future. Additionally, the bill expedites judicial review, allowing losing candidates to go directly to a three-judge panel and then appeal to the Supreme Court. The Supreme Court has the discretion to hear any challenges to the electoral count.
New laws limit vice president's role in electoral process: The recent amendments to the Electoral Count Act and Presidential Transition Improvement Act restrict the vice president's power to accept, reject, or adjudicate electoral disputes and prevent a losing candidate from delaying the transition process.
The recent amendments to the Electoral Count Act and the Presidential Transition Improvement Act establish clear limitations on the vice president's role in the electoral process and ensure a smooth transition of power. The vice president's role is now defined as ceremonial and ministerial, meaning they cannot accept, reject, or adjudicate disputes over electoral votes. Additionally, the new amendments prevent a losing candidate from delaying the transition process by denying access to funds and resources. The changes aim to eliminate gaps in knowledge during transitions and prevent the harm caused by a lack of cooperation, as seen during the transition from Donald Trump to Joe Biden. This bipartisan legislation marks another accomplishment for President Biden in his first two years in office.
Recognizing federal gay marriage and strengthening democratic process: Bipartisan bills signed into law by President Biden recognize federal gay marriage and fortify the democratic process to prevent future presidents from exploiting loopholes and undermining elections
The recent amendments to the electoral count act and the presidential transition improvement act, signed into law by President Joe Biden, are significant in both recognizing federal gay marriage and strengthening the democratic process. These bipartisan bills, which received support from 10-11 Republican senate votes, came about quickly following the establishment of federal recognition for gay marriage and in response to concerns about potential attempts to cling to power unconstitutionally after the January 6th events. These changes to long-standing laws aim to prevent future presidents from exploiting loopholes and undermining the democratic process.
