American democracy was pushed to the brink last year when former President Donald Trump and his allies attempted to stop the peaceful transfer of power and overturn the result of a free and fair election by exploiting loopholes in the Electoral Count Act.
Now, Congress has come together to pass a full and complete update to the Electoral Count Act — a decisive and indisputable victory for our Constitution and the rule of law.
The Electoral Count Reform and Presidential Transition Improvement Act, included in the end-of-year omnibus spending legislation that Congress just sent to the president’s desk, overhauls the archaic 19th-century law and resolves ambiguities that left our nation vulnerable to chaos and crisis — the likes of which we saw in the aftermath of the 2020 presidential election.
Under the updated law, only one single slate of electors can be submitted to Congress. It directs every state to ensure that its slate accurately reflects the results of the presidential election in that state. It provides for expedited judicial review when there is a dispute involving more than one slate of electors and prevents state legislatures or governors from submitting false election certificates to Congress. The bill also affirms that the role of the vice president is strictly ministerial and raises the threshold to object to a state’s electoral count in both chambers to 20% of the members instead of allowing just one representative and one senator to trigger hours of debate, as is the current law.
These updates are essential for the stability of future presidential elections. They were first agreed to by a bipartisan working group, convened by Sens. Susan Collins (R-ME) and Joe Manchin (D-WV) earlier this year, and later advanced thanks to the work of Senate Rules Committee Chairwoman Amy Klobuchar (D-MN) and ranking member Roy Blunt (R-MO). Ultimately, the bill earned broad support from both parties, including from Majority Leader Chuck Schumer (D-NY) and Minority Leader Mitch McConnell (R-KY).
Under the leadership of Reps. Liz Cheney (R-WY) and Zoe Lofgren (D-CA), the House also passed similar legislation updating the Electoral Count Act in September.
Our republic is stronger today because Republicans, Democrats, and independents put partisan politics aside and worked together to protect the sanctity of our electoral system and reaffirm that voters decide elections — not rogue politicians, vice presidents, or state legislatures. The public decides who will have the honor to serve as president and vice president every four years.
This is a historic moment. After a year of hyperpartisanship on issues related to political reform, Congress passed a bipartisan reform that is a triumph for our great American experiment. There’s more that needs to be done, from ensuring every citizen’s freedom to vote to funding our critical election infrastructure, but as we all take a moment this holiday season to count our blessings and spend time with loved ones, we should also celebrate this win and applaud our elected leaders who remained committed to this important cause.
When we began this process, the odds of success may have appeared slim. But when the history is written, the text will recall how, when it came to respecting the will of the people and protecting the peaceful transfer of power, the better angels of our nature prevailed.
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Barbara Comstock was a member of the U.S. House of Representatives from 2015 to 2019, representing Virginia’s 10th Congressional District. She currently co-chairs Issue One’s bipartisan National Council on Election Integrity.
