Election Transparency Initiative Denounces Marc Elias’ Requested Change to Electoral Count Act Reform

A right-leaning election reform outfit on Wednesday denounced the current version of legislation to reform the Electoral Count Act, particularly a provision urged by Democratic election attorney Marc Elias. 

The original act was enacted in 1887 to prevent presidential election crises such as that of 1876, during which three states submitted competing groups of electors, forcing Congress to determine how to resolve the count. Ultimately Republican Rutherford B. Hayes emerged victorious over Democrat Samuel Tilden. 

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Commentary: Manchin-Collins Bill Would End the 1887 Electoral Count Act’s Provision of State Legislatures Choosing Presidential Electors

Legislation offered by Senators Joe Manchin (D-W.Va.) and Susan Collins (R-Maine) would repeal Sections 1 and 2 of the 1887 Electoral Count Act, and replace the appointment of electors by state legislatures in the event a state fails to make a choice in that election under current federal law to “the executive of each State”.

3 U.S.C. Section 2 currently states, “Whenever any State has held an election for the purpose of choosing electors, and has failed to make a choice on the day prescribed by law, the electors may be appointed on a subsequent day in such a manner as the legislature of such State may direct.”

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Democrats Sue to Keep Three Incumbent Wisconsin Republicans Off 2022 Ballot for Alleged Insurrection Roles

Democratic Party activists in Wisconsin on Thursday filed a lawsuit in federal court demanding that Wisconsin Republicans Sen. Ron Johnson and Reps. Tom Tiffany and Scott Fitzgerald be barred from the 2022 ballot for highlighting abnormalities in the 2020 election process and their alleged attempts to interfere with the congressional certification of the results.

The plaintiffs allege the Republicans “used their public positions of authority to illegally foment an atmosphere meant to intimidate and pressure Vice President [Mike] Pence and Congress to take actions inconsistent with the facts and with their duties under the Electoral Count Act and the U.S. Constitution,” according to a report from the Epoch Times.

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