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Monday, November 09, 2020

The Electoral Count Act

The way things are going there is a good prospect come January that the formal process of the Electoral Count Act will be invoked for the first time. The Act, which was passed in 1887, provides (basically) that electoral votes cast by a state by a relevant deadline are valid unless both houses of Congress object. There are constitutional questions and statutory ambiguities about the Electoral Count Act that have not been tested in court. In 2000, there were a few members of the House of Representatives who raised objections to Florida's votes, but no Senator joined those objections as the Act requires to trigger the formal process.

Invoking the Electoral Count Act in 2021 would be for show, as both Houses of Congress will not set aside any electoral votes. But it could get pretty ugly.

Posted by Gerard Magliocca on November 9, 2020 at 07:34 PM | Permalink

Comments

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Posted by: newinshops | Nov 19, 2020 6:12:24 AM

There was a protest in 2004 arising from Ohio results and a senator joined with House members to bring about a debate.

Posted by: Joe | Nov 10, 2020 11:33:05 AM

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