Talking Points / December 1, 2022

Reforming the Electoral Count Act Messaging Guidance

Talking points and messages for speaking about the proposed reforms to the Electoral Count Act.

General Legislation Summary

Legislation in both the US House and the US Senate addresses a number of concerns with the original Electoral Count Act of 1887, including:

It defines the role the Vice President plays in presiding over the joint meeting of Congress that counts the electoral votes. The VP has no authority or discretion to reject official state electoral slates, to delay the count in any material way, or to issue procedural rulings that have such an effect.
It raises the threshold for members of Congress raising objections to electors. Objections would require one-third of the House and one-fifth of the Senate to be entertained and majority votes to be sustained.
It provides for expedited judicial review of claims related to the certificates from states identifying their electors.
For more on the reforming of the Electoral Count Act, read our blog.

We must ensure another January 6 does not happen. Legislators from both chambers must find a solution to the threats to our democracy posed by election denial.
Reform to the Electoral Count Act is a bipartisan effort, and we expect Democrats and Republicans in both the House and the Senate to come together and pass legislation that will protect our elections and strengthen our democracy.
Reform is needed to protect our votes after they are cast.

LWVUS will issue a statement when the bill is passed. Please refer to our statement for our main messaging.

In addition to passing this bill, Congress must pass voting rights expansions. While the League is disappointed that both versions of this bill lack voting rights provisions, this reform is essential to our democracy.

We should talk about this bill as one piece of the puzzle of needed legislation for our democracy. In addition to passing this bill, Congress must pass voting rights expansions.
Keep language relatively neutral. We applaud the bipartisan efforts of this bill, and we look forward to Congress continuing to work together to protect democracy by preserving voting rights.