An Update on Electoral Count Act Reform
The Lawfare Podcast
The Lawfare Institute
4.7 • 6.4K Ratings
🗓️ 5 October 2022
⏱️ 51 minutes
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Summary
After months of mostly quiet, behind-the-scenes debate, both the House and Senate seem ready to move forward with reforming the Electoral Count Act, the 1887 statute governing how Congress counts electoral votes, whose various ambiguities played a central role in unsuccessful plans to turn the 2020 election results in favor of former President Trump. Experts are all but unanimous on the need to reform the law, and both proposals have at least some bipartisan support, including from Senate minority leader Mitch McConnell. But the path forward remains far from certain.
To discuss what comes next, Lawfare senior editor Scott R. Anderson sat down with Ned Foley, a leading election law expert and professor at The Ohio State University's Moritz College of Law, and Genevieve Nadeau, a Counsel at the organization Protect Democracy who has been engaging on reform efforts. They discussed the similarities and differences between the House and Senate reform proposals, how they will strengthen our election process, and what work remains to be done.
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Transcript
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| 0:00.0 | The following podcast contains advertising. |
| 0:04.0 | To access an ad-free version of the LawFair podcast, |
| 0:08.0 | become a material supporter of LawFair at patreon.com slash law fair. |
| 0:14.0 | That's patreon.com slash law fair. |
| 0:18.0 | Also, check out LawFair's other podcast offerings, |
| 0:22.0 | rational security, chatter, law fair no bull and the aftermath. |
| 0:32.0 | Every household will get help with energy bills this winter. |
| 0:36.0 | The UK government is giving you an extra £400 to ward your bills. |
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| 0:56.0 | Find out more at gov.uk forward slash help for households today. |
| 1:08.0 | We realise that we are not really running our electoral process |
| 1:12.0 | to effectuate the will of the people. |
| 1:16.0 | This does relate to the broader topic of the need to protect democracy |
| 1:20.0 | from the threat of election denialism. |
| 1:24.0 | The polarising effect of how we do primary elections is what enables |
| 1:28.0 | denialists to win more seats in Congress, |
| 1:32.0 | more win more seats in various offices around the country |
| 1:36.0 | like the Secretary of State and governors and so forth. |
| 1:40.0 | When in fact taking the exact same preferences that the voters have, |
... |
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