For the last several months, at the invitation of the leadership of the American Law Institute, a group whose 10 members span a range of legal and political views came together to consider possible Electoral Count Act (ECA) reforms. (We were the group’s co-chairs.) Lawfare readers need no introduction to the ECA. It is widely believed that the 135-year-old statute is poorly conceived, confusingly drafted and ill-suited to address Congress’s role in the resolution of close electoral contests.
Today our group is releasing the unanimous conclusion of its deliberations, which can be found here. The group agrees that Congress should reform the ECA in time for the 2024 election, and offers both core reform principles and specific proposals for statutory revision in an effort to contribute to a constitutionally sound bipartisan consensus in Congress.