Oct 22, 2024 The Electoral Count Reform Act and the Process of Electing a President

When Americans vote for president of the United States, they are actually voting to appoint their chosen candidate’s slate of electors to vote in the Electoral College. Article II and the 12th Amendment of the Constitution establish the system for U.S. voters to elect the president indirectly, through the Electoral College. In 1887, Congress enacted the Electoral Count Act (ECA) to guide states and Congress in administering the presidential election process and counting electoral votes.

The 2020 presidential election and its aftermath highlighted the importance of this antiquated law and also its limitations. Despite attempts to exploit and break this law, the system held and Congress completed its count of the correct electoral votes to formalize President Biden’s victory. Afterwards, Congress rallied on a bipartisan basis to update the law. Building on work in both chambers, a bipartisan group of senators crafted the Electoral Count Reform Act (ECRA) that became law in late 2022 as part of an omnibus spending bill (P.L.117-328).