The Electoral Count Reform Act was only a part of the reforms a bipartisan Senate working group developed in relation to presidential elections. Another was the Presidential Transition Improvement Act to help facilitate a new administration’s ability to hit the ground running, even in the event of a disputed presidential election. (I testified a bit about this part of the bill here.) The latest version of the law is here. The General Services Administration has updated its guidance ahead of the 2024 election here. As GSA explains, “Under the new law, post-election transition services begin immediately after a concession. Absent a concession within 5 days of the election, services begin automatically for all remaining eligible candidates – and will conclude for all but one apparent successful candidate when Congressionally-established factors are met. As a result of this change, an affirmative ‘ascertainment’ by GSA is no longer a prerequisite for gaining transition support services.” And for some of the language in the statute on (some of) those factors:
(B) On or after the date that is 5 days after the date of the election, the Administrator may determine that a single candidate for the office of President or Vice President shall be treated as the sole apparent successful candidate for that office pursuant to subparagraph (A)(iii) if it is substantially certain the candidate will receive a majority of the pledged votes of electors, based on consideration of the following factors:
(i) The results of the election for such office in States in which significant legal challenges that could alter the outcome of the election in the State have been substantially resolved, such that the outcome is substantially certain.
(ii) The certified results of the election for such office in States in which the certification is complete.
(iii) The results of the election for such office in States in which there is substantial certainty of an apparent successful candidate based on the totality of the circumstances.
(Sorry, botched the GSA title in the first post!)