“Counting Electoral Votes: How the Constitution Empowers Congress—and Not the Vice President—to Resolve Electoral Disputes”

New report from Joseph Bessette and Gary Schmitt at AEI. Highlights:

  • The vice president does not have “plenary” authority under the Constitution to settle disputes over Electoral College votes.
  • Analysis of the Constitution’s history, text, and underlying principles, along with early practices, legislation, and debates, affirms that Congress possesses that authority.
  • Accordingly, the Electoral Count Reform Act of 2022, which recognizes congressional authority to resolve electoral disputes and denies the vice president any substantive power in these matters, is fully consonant with constitutional theory and practice.
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