I’ve just begun reviewing the draft Cheney-Lofgren bill to reform the Electoral Count Act. It is very much in line with the spirit of the Collins-Manchin bill in the Senate, but differs in some particulars. For example, it has a specific definition of catastrophic events that would justify a state choosing electors after election day. It raises to 1/3 of each house the number of objectors to require debates in each house to objections. (Updated)
But what caught my eye now is a provision that lists the acceptable bases for an objection. And among them is this:
‘(D) One or more of the State’s electoral votes were cast for a candidate who is ineligible for the office of president or vice president pursuant to—…
(iii) section 3 of the Fourteenth Amendment to the Constitution of the United States
This appears to explicitly recognize a challenge in Congress to reject votes for Donald Trump in 2024, for example, based on the idea he is ineligible to be elected President in 2024 because he participated in an insurrection in 2020.
This will be an interesting aspect of this debate, and we’ll see what happens with this provision if there are negotiations over the Senate and House billls.