Electoral Count Act

The Electoral Count Act of 1887 was a statute setting the procedures for how states certify presidential electors and how Congress counts their votes in January. The law was written after the disputed 1876 election and was widely seen as vague.

Ambiguities came to the fore after the 2020 election, when some argued the vice president, who presides over the joint session, could reject or delay certain electoral votes. In December 2022, Congress passed the Electoral Count Reform Act as part of a spending law. It states that the vice president's role is purely ministerial; raises the threshold for objections to one-fifth of members of each chamber, up from a single member of each; limits the grounds for objections; designates the state's governor as the one who submits the slate of electors; and provides for expedited judicial review of disputes. It also set a deadline for states to resolve their disputes.

Supporters, in both parties, say the reform clarifies the process and reduces opportunities to subvert results. Some critics argue that it still leaves ambiguity about state legislatures' powers and objections. Its provisions relate to election certification, the Electoral College and a possible contingent election.