Tag Archives: Electoral Count Act

ECA reform must be bipartisan

The ACS Expert Forum has posted my essay Reforming the Electoral Count Act requires bipartisan buy-in—Democrats can’t do it alone even with filibuster reform. I won’t repeat what I wrote there, but here are some points:

First, in my judgment Democrats should be strategizing about electoral reform priorities on the assumption that Republicans will control Congress on January 6, 2025. If that’s the case, it will be essential that a revised ECA have been adopted with Republican support beforehand. Otherwise, Republicans will be in position to repudiate the practice of concurrent resolutions by which each chamber of Congress agrees to abide by the ECA’s procedures notwithstanding the argument that the chambers cannot be constitutionally compelled by statute rather than the chamber’s own rules.

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