At the Invitation of the Leadership of The American Law Institute, a group whose Members span a range of llegal and political views, came together to consider possible Electoral Count Act (ECA) Reforms. Despite holding diverse Legal, Political, and Ideological commitments, the group is united by the belief that Congress should Reform the ECA before the 2024 Presidential Election. The group has agreed on several General Principles that should guide ECA Reform, as well as Specific Proposals as to what ECA Reform should seek to accomplish.
CLICK HERE to Read the group’s complete set of Principles.
From the Principles:
ECA Reform should be guided by these General considerations:
• Congress lacks the constitutional authority to address every issue that may arise in the presidential selection process.
• ECA reform should not itself become the basis of fresh uncertainties about the presidential selection process by raising new questions about whether Congress has acted within constitutional limits and inviting legal challenges on that basis. The aim of ECA reform should be, at a minimum, to address the core dangers and uncertainties presented by the current law without introducing new problems of the same kind.
• ECA reform should clarify that Congress has an important but limited role in tallying electoral votes, consistent with the best understanding of the Twelfth Amendment and other relevant authorities.
• ECA reform should help check efforts by any State actor to disregard or override the outcome of an election conducted pursuant to State law in effect prior to Election Day, including State law governing the process for recounts, contests, and other legal challenges. (Currently every State has chosen to select presidential electors through the popular vote.) This is the most difficult element of reform because the question of Congress’ role in addressing abuses of this kind can raise novel and difficult constitutional questions and generate sharp political disagreement. ECA reform cannot by itself address every conceivable problem that may arise within a State, many of which will require legal and political responses at the State level.
• ECA reform should not affect the authority of the federal courts to address Due Process, Equal Protection, and other constitutionally based claims of unlawful State action in the administration, count, and certification of a State’s popular vote.
The General Principles are followed by specific Recommendations for Congress, for the date of electoral college certification in the states, and for dealing with state action with the potential for multiple slates of electors.
NYC Wins When Everyone Can Vote! Michael H. Drucker
No comments:
Post a Comment