CLE - Defending Democracy: The Post Election Period and the Electoral Count Reform Act
The Electoral Count Act (ECA) governs the casting and counting of electoral votes for president and vice president every four years. The statute sets the timeline for states to appoint presidential electors in November and for electors to cast their votes in December and describes the process that Congress should follow when it counts the states’ electoral votes in January. In late December 2022, Congress passed the Electoral Count Reform Act (S.4573 1) as part of omnibus appropriations legislation. The bill updates the ECA, providing much-needed clarity on the process of casting and counting electoral votes, striking a better balance between the roles of state and federal actors in that process, and eliminating many of the most concerning potential weaknesses in the law.
This CLE program will assess the improvements, gaps and prospects of the new 2022 law, and explore how the Electoral Count Reform Act (ECRA) would govern specific scenarios of dueling slates of electors, a state that fails to certify its presidential votes and a 12th Amendment contested election process.
Join us for a discussion on defending democracy by examining the Electoral Count Reform Act.


