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We the People

The Case for Reforming the Electoral Count Act – Part 2

We the People

National Constitution Center

News, News Commentary, History

4.61.1K Ratings

🗓️ 5 August 2022

⏱️ 61 minutes

🧾️ Download transcript

Summary

The Electoral Count Act of 1887 is the law that dictates the congressional procedure for certifying Electoral College results in a presidential election. Congress passed it in response to the presidential election of 1876, where Democrat Samuel Tilden won the popular vote, but lost the presidency to Republican Rutherford B. Hayes because of contested results in three states. The law is also implicated in the attempt to overthrow the results of the 2020 presidential election. Now, Senator Joe Manchin of West Virginia and Senator Susan Collins of Maine have introduced a bill they say will fix the Electoral Count Act. Rick Pildes of NYU Law and Michael McConnell of Stanford Law co-authored a piece for the Election Law Blog called “Why Congress should swiftly enact the Senate’s bipartisan ECA reform bill,” and today they joinhost Jeffrey Rosen to discuss the pros and cons of the bill. Listen to our first episode on the Electoral Count Act with Ned Foley and Brad Smith from January 2022. Questions or comments about the show? Email us at podcast@constitutioncenter.org. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.

Transcript

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0:00.0

Hello friends. I'm Jeffrey Rosen, president and CEO of the National

0:06.7

Constitution Center and welcome to We The People, a weekly show of

0:10.1

constitutional debate. The National Constitution Center is a

0:13.1

nonpartisan nonprofit chartered by Congress to increase awareness and

0:17.5

understanding of the Constitution among the American people. The Electoral

0:21.5

Count Act of 1887 is the law that sets out the congressional procedure

0:25.2

for certifying Electoral College results in a presidential election.

0:29.5

Now Senator Joe Manchin of West Virginia and Senator Susan Collins of Maine have introduced a bipartisan bill.

0:36.0

They say we'll fix the Electoral Count Act and prevent future events like January 6th.

0:41.2

Joining us to discuss the Electoral Count Act, the proposed reforms, and the independent

0:46.4

state legislature doctrine that the Supreme Court is about to consider are two co-authors of

0:51.6

a piece on the election law blog called

0:54.0

Why Congress should swiftly enact the Senate's bipartisan

0:58.0

Electoral College Act Reform Bill.

1:00.0

They were part of a bipartisan group of scholars who wrote a piece on January 6th calling for Electoral Count Act reform and Congress has now answered their call.

1:10.0

Rick Pildis is the Sudler Family Professor of Constitutional Law at NYU Law

1:14.9

and the author of several books, including the law of democracy, legal structure of the political

1:20.8

process.

1:21.8

Rick, welcome back to We the People.

1:24.2

Thanks very much, Jeff, and I'm very glad to be here

1:26.5

with Professor McConnell as well.

1:28.8

And Michael McConnell is Richard and Francis Mallory,

...

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