“Overhaul of Electoral Count Act ‘Absolutely’ Will Pass, Manchin Says”

NYT:

Two senators working on an overhaul of the little-known law that former President Donald J. Trump and his allies tried to use to overturn the 2020 election pledged on Sunday that their legislation would pass the Senate, saying that recent revelations about the plot made their work even more important.

In a joint interview on CNN’s “State of the Union,” Senators Joe Manchin III, Democrat of West Virginia, and Lisa Murkowski, Republican of Alaska, said their efforts to rewrite the Electoral Count Act of 1887 were gaining broader support in the Senate, with as many as 20 senators taking part in the discussions.

“Absolutely, it will pass,” Mr. Manchin said of an overhaul of the law, which dictates how Congress formalizes elections.

He said efforts by Mr. Trump and his allies to exploit “ambiguity” in the law were “what caused the insurrection” — the Jan. 6, 2021, attack on the Capitol. That misreading of the statute led to a plan by Mr. Trump and his allies to amass a crowd outside the Capitol to try to pressure Congress and Vice President Mike Pence, who presided over Congress’s official count of electoral votes, to overturn the results of the election….

A bipartisan group of at least 15 senators — which includes Mr. Manchin and Ms. Murkowski and is led by Senator Susan Collins, Republican of Maine — recently began discussions with another group that features top Democrats who have studied the issue for months. That group includes Senator Angus King, independent of Maine; Senator Amy Klobuchar, Democrat of Minnesota; and Senator Richard J. Durbin, Democrat of Illinois.

Mr. King’s group last week released draft legislative text for a rewrite of the Electoral Count Act that would address deficiencies exposed by Mr. Trump’s plan. The bill would clarify that the vice president has no power to reject a state’s electors and ensure that state legislatures cannot appoint electors after Election Day in an effort to overturn their state’s election results.

It would also give states additional time to complete legitimate recounts and litigation; provide limited judicial review to ensure that the electors appointed by a state reflect the popular vote results in the state; enumerate specific and narrow grounds for objections to electors or electoral votes; raise the thresholds for Congress to consider objections; and make it harder to sustain objections without broad support by both chambers of Congress.

In an interview with The New York Times, Mr. King called his group’s draft “very nonpartisan” and said it included the input of conservative and liberal legal scholars.

“Hopefully we can join forces and get a good bill,” Mr. King said of Ms. Collins’s group.

The latest push to clarify the law follows a series of revelations about a campaign by Mr. Trump and his allies to try to overturn the 2020 election, including the surfacing of memos that show the roots of the attempts to use so-called alternate electors to keep Mr. Trump in power and the former president’s exploration of proposals to seize voting machines.

On Friday, Mr. Pence offered his most forceful rebuke of Mr. Trump’s plan, saying the former president was “wrong” to insist that Mr. Pence had the legal authority to overturn the results of the election. Those comments came on the same day the Republican National Committee voted to censure two members of the party, Representatives Liz Cheney of Wyoming and Adam Kinzinger of Illinois, in a resolution that described the events of Jan. 6 as “legitimate political discourse.”

Ms. Cheney and Mr. Kinzinger are the only Republican members of the special House committee investigating the Jan. 6 attack, which left more than 150 police officers injured and resulted in several deaths.

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