The Biden Administration Passes the Electoral Count Reform and Presidential Transition Improvement Act: A Crucial Step for Democracy
President Number 45 and his supporters caused
chaos throughout the certification of the 2020 election in Congress, pushing
slates of “fake electors,” pressuring then-Vice President Mike Pence to toss
out the votes from legitimate electors, and even after the counting of electoral
votes was interrupted by insurrectionists, pro-Trump Republicans in both
chambers voted to object to the results.
The 2020 presidential election highlighted
several vulnerabilities within the U.S. electoral system. Following his loss to
Joe Biden, Orange Julius Caesar, and his allies attempted various tactics to
overturn the election results. These included filing numerous lawsuits,
pressuring state officials to alter certified results, and attempting to
disrupt the congressional certification of the Electoral College votes on
January 6, 2021. The infamous insurrection at the Capitol underscored the
urgency of addressing these weaknesses. When it was over, there was a sense
that the holes in our election certification process needed to be plugged.
A bipartisan group in Congress worked to reform the Electoral Count Act, a byzantine 19th-century
law that governs how Electoral College votes are tallied. The changes include
making clear that the vice president’s role is “solely ministerial, requiring
that electors in states are picked under the laws of the State enacted before
election day” and raising the threshold for how many members of Congress are
needed to object to a state’s slate. The act also allows for the “apparent
successful candidate” to more easily receive funding from the government to
build a transition office, after Don’s officials dragged their feet for weeks in providing the funds Biden
needed for his transition work.
The law will make it harder for #45, or any other
presidential candidate, to pressure state and local election officials — or
Congress — to overturn elections.
The passage of the Electoral Count Reform and
Presidential Transition Improvement Act by President Joe Biden represents a
significant legislative effort to address the weaknesses in the electoral
system that former President Donald the Clown attempted to exploit during his
final days in office. This act, passed in December 2022, is a comprehensive
response to the challenges that surfaced during the 2020 presidential election,
aiming to fortify the electoral process and ensure the smooth transition of
presidential power.
One of the critical issues was the ambiguity in
the Electoral Count Act of 1887, which governs the counting of electoral votes.
This law's vague language provided Trump with a legal pretext to challenge the
results. Additionally, the transition process faced unprecedented obstacles, as
Trump's administration delayed the formal transition of power, hampering the
incoming administration's preparedness.
The Electoral Count Reform and Presidential
Transition Improvement Act of 2022 seeks to rectify these issues through several key provisions:
1. Clarifying the Vice President's Role: One of the most significant aspects of the
reform is the clarification of the Vice President's role in the electoral vote
count. The Act explicitly states that the Vice President's role is purely
ceremonial, thereby eliminating any ambiguity that could be exploited to alter
the outcome of the electoral vote count. This addresses the confusion that
arose when Orange Julius Ceasar pressured then-Vice President Mike Pence to
reject certain electoral votes.
2. Raising the Threshold for Objections: The Act increases the threshold for objecting to
electoral votes. Previously, a single member of the House and Senate could
object to a state's electoral votes, triggering a debate and vote. The new
legislation requires a minimum of one-third of both the House and Senate to
support an objection before it can be considered. This change aims to reduce
frivolous and politically motivated objections.
3. Strengthening Transition Procedures: The Act enhances the presidential transition
process by ensuring timely access to resources and information for the incoming
administration. It mandates that the General Services Administration (GSA)
ascertain the apparent successful candidate promptly, ensuring a smooth and
efficient transition of power. This provision addresses the delays experienced
by the Biden transition team due to the Trump administration's refusal to
acknowledge Biden's victory promptly.
4. Protecting Election Officials: The Act includes provisions to protect election
officials from undue influence and threats. It criminalizes attempts to
intimidate or coerce election officials into altering election results, a
response to the pressure faced by officials in various states during the 2020
election.
5. Streamlining the Certification Process: The legislation standardizes the process for
certifying electoral votes across states, reducing the potential for
inconsistent or conflicting procedures that could be exploited to challenge the
election outcome.
The passage of the Electoral Count Reform and
Presidential Transition Improvement Act represents a bipartisan effort to
safeguard American democracy. It addresses the critical vulnerabilities exposed
during the 2020 election and aims to prevent future attempts to undermine the
electoral process.
Strengthening the Rule of Law: By clarifying the Vice President's role and
raising the threshold for objections, the Act reinforces the rule of law and
the principle that electoral outcomes are determined by voters, not by
political maneuvering. This is crucial in maintaining public confidence in the
electoral system.
Ensuring Smooth Transitions: The enhanced transition procedures ensure that
incoming administrations can assume office with the necessary resources and
information. This is vital for national security and effective governance, as
delays and disruptions during the transition can have far-reaching
consequences.
Protecting Election Officials: By safeguarding election officials from threats
and intimidation, the Act ensures that they can perform their duties without
fear of retribution. This is essential for the integrity and fairness of the
electoral process.
Bipartisan Support: The Act's passage with bipartisan support
demonstrates a shared commitment to upholding democratic principles. It
reflects a recognition across the political spectrum of the need to address the
vulnerabilities exposed by the 2020 election.
While the Electoral Count Reform and Presidential
Transition Improvement Act is a significant step forward, ongoing vigilance is
necessary to protect and strengthen democratic institutions. The 2020 election
revealed the lengths to which individuals might go to challenge electoral
outcomes, and future challenges are likely. Continued bipartisan cooperation
and legislative efforts will be essential to address emerging threats and
ensure the resilience of the electoral system.
Furthermore, public education and engagement are
critical. Voters must understand the importance of these reforms and the
mechanisms in place to protect their votes. Transparency and accountability in
the electoral process are fundamental to maintaining trust in democracy.
The Electoral Count Reform and Presidential
Transition Improvement Act is a landmark piece of legislation that addresses
significant weaknesses in the U.S. electoral system exposed during the 2020
presidential election. By clarifying the roles and procedures related to the
counting of electoral votes and ensuring a smooth transition of power, the Act
strengthens the foundations of American democracy. As the nation looks to the
future, it is imperative to continue building on this progress, fostering a political
environment that prioritizes the integrity and stability of the electoral
process.
By incorporating these provisions and securing
bipartisan support, the Electoral Count Reform and Presidential Transition
Improvement Act serves as a bulwark against future attempts to undermine the
democratic process, ensuring that the will of the people prevails in American
elections.
The Electoral Count Reform and Presidential
Transition Improvement Act did address significant weaknesses that the Orange Psycho
exploited in his last-gasp attempts to hold on to power. However, Biden had
committed to passing broader voting rights legislation to forestall other types
of election misdeeds and fell short. His administration went all-in on passing various iterations of a bill that would have
dramatically remade American elections, but those efforts were rebuffed in the
Senate by Sens. Joe Manchin (D-W.Va.) and Kyrsten Sinema (I-Ariz.) who refused
to gut the filibuster to do so. Meanwhile, Republicans were furious after Biden accused them of presiding over “Jim Crow in the 21st
century.
References
Electoral Count Reform and Presidential Transition
Improvement Act of 2022. (2022). Retrieved June 11, 2024 from https://www.congress.gov/bill/117th-congress/senate-bill/4573#:~:text=This%20bill%20revises%20the%20process,enacted%20prior%20to%20election%20day.
Electoral Count Act. (2022). (Protect Democracy). Retrieved
from https://protectdemocracy.org/work/electoral-count-act/
Politico. (2022). Senators finalize
bipartisan proposal designed to prevent another Jan. 6 https://www.politico.com/news/2022/07/20/bipartisan-senators-finalize-proposal-to-prevent-another-jan-6-00046906
30 Things Joe Biden Did as President You Might
Have Missed. (2024). Retrieved June 3, 2024, https://www.politico.com/news/magazine/2024/02/02/joe-biden-30-policy-things-you-might-have-missed-00139046
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