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Congress approves new election certification rules in response to Jan. 6
Politics Dec 23, 2022 5:12 PM EST

By —
Nicholas Riccardi, Associated Press


Congress on Friday gave final passage to legislation changing the arcane law that governs the certification of a presidential contest, the strongest effort yet to avoid a repeat of Donald Trump’s violence-inflaming push to reverse his loss in the 2020 election. The House passed an overhaul of the Electoral Count Act as part of its massive, end-of-the-year spending bill, after the Senate approved identical wording Thursday. The legislation now goes to President Joe Biden for his signature.

Biden hailed the provisions’ inclusion in the spending bill in a statement Friday, calling it “critical bipartisan action that will help ensure that the will of the people is preserved.” It’s the most significant legislative response Congress has made yet to Trump’s aggressive efforts to upend the popular vote, and a step that been urged by the House select committee that conducted the most thorough investigation into the violent siege of the Capitol.

The provisions amending the 1887 law — which has long been criticized as poorly and confusingly written — won bipartisan support and would make it harder for future presidential losers to prevent the ascension of their foes, as Trump tried to do on Jan. 6, 2021. “It’s a monumental accomplishment, particularly in this partisan atmosphere, for such a major rewrite of a law that’s so crucial to our democracy,” said Rick Hasen, a law professor at the University of California Los Angeles. “This law goes a long way toward shutting down the avenues Trump and his allies tried to use in 2020, and could have been exploited in future elections.”

On Jan. 6, Trump targeted Congress’ ratification of the Electoral College’s vote. He tried to exploit the vice president’s role in reading out the states’ electors to get Mike Pence to block Biden from becoming the next president by omitting some states Biden won from the roll. The new provisions make clear that the vice president’s responsibilities in the process are merely ceremonial and that the vice president has no say in determining who actually won the election.

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