Wyoming GOP Rep. Liz Cheney has introduced her own version of legislation to reform the Electoral Count Act, which she says would prevent future attempts by former President Trump or others to try to “steal” a presidential election.
The legislation, which follows a separate effort in the Senate, comes after experts identified ambiguities in the 1887, outlining the procedures for certifying and counting electoral votes for the presidency.
Trump leaned in imprecise language in his repeated demands that former Vice President Mike Pence refuse to accept votes counted and certified by states.
The attempted reversal featured in Trump’s second impeachment, as well as investigations by the House Committee on Jan. 6. The Justice Department is investigating the ‘fake’ voter scheme.
Rep. Liz Cheney, R-Wyo., passed legislation to reform the Electoral Count Act of 1887, which regulates how Congress handles the Electoral College vote in presidential elections
“Our proposal aims to preserve the rule of law for all future presidential elections by ensuring that self-interested politicians cannot steal the guarantee that our government derives its power from the consent of the governed,” wrote Cheney and Rep. Zoe. Lofgren (D-Calif.), who served with her on the Jan. 6 panel and was a House impeachment manager.
Lawmakers point to former President Trump’s “deliberately false allegations of electoral fraud” and the primary victories at the national, state and local levels of candidates who “also embrace those lies and other baseless conspiracy theories.”
“This raises the prospect of another attempt to steal presidential elections, perhaps with another attempt to corrupt Congress’s electoral vote counting procedure,” they write.
Legislation seems to be gaining momentum. The House Rules Committee will meet on Tuesday, with a vote in the House for Wednesday.
The bill reaffirms that the vice president “has no authority or discretion to reject official state election lists, materially delay the census or issue procedural rulings having such an effect,” the two write. legislators in a Wall Street Journal op-ed.
The bill refers to the 12th amendment to the constitution, which states: ‘The President of the Senate’ [the vice president] will open all certificates in the presence of the Senate and House of Representatives and then the votes are counted. The person with the greatest number of votes for the president is the president, if this number is a majority of the entire number of nominated voters.’
The bill is gaining momentum, with a vote in the House expected this week
Ceremonial: Bill clarifies ‘ceremonial’ role of vice president, who presides over Senate and joint electoral counting session
Cheney cites ‘perspective of another attempt to steal presidential election’
The bill states that “on January 6, 2021, a mob showing 25 support for then-President Trump violently attacked the United States Capitol in an attempt to prevent a joint session of Congress from certifying the electoral college votes that Joseph R. Biden ranked 46th. President of the United States’
Former President Trump tried to undo the election and “knew that settlement would violate both the U.S. Constitution and the Electoral Count Act of 1887,” Cheney and Rep. Zoe Lofgren (D-Caliph.)
The bill also says that a candidate must have a “good faith basis for the alleged factual or legal claims.” Cheney writes that Trump continues to make “deliberately false allegations of electoral fraud.” His allies, including Rudy Giuliani and attorney Disney Powell, made numerous election claims that were thrown out of court
The bill refers to the January 6 attack on the Capitol and states that it is “to prevent other future unlawful attempts to reverse presidential elections and ensure future peaceful transfers of presidential power.”
The bill describes the “limited extension of time” for voter submissions — amid an effort by Trump allies to have Pence send voters back to states after the Jan. 6 legal deadline to allow more time for challenges, despite dozens of previous defeats in court .
The Role of the 12th Amendment for the Vice President
‘The President of the Senate’ [the vice president] will open all certificates in the presence of the Senate and House of Representatives and then the votes are counted. The person with the greatest number of votes for the president is the president, if this number is a majority of the entire number of nominated voters.’
– 12th Amendment to the Constitution
The exceptions are for a “catastrophic event” in the state that “prevented a significant portion of the state’s electorate from voting on that day, or caused a significant portion of the ballots already cast to be destroyed.”
The numbers affected must be “sufficient to potentially affect that candidate’s ability to win the election in relation to one or more presidential elections.”
It also builds in some financial incentives, in the wake of a series of attempts to try to block or invalidate votes in states that chose Joe Biden.
“If a court determines that someone filing an application to postpone the proceeding did not have a “good faith basis for the factual or legal claims made in the action,” they can charge three times the attorneys’ fees of both parties in the action. look forward to proceedings.’ according to the bill.
It would also require states to hold elections under the rules in force before Election Day.
A Senate committee will vote on its version of the bill on September 27.
Cheney lost her primary this summer and was stripped of her position as chairman of the GOP conference after taking the lead in the effort to impeach Trump following the Capitol riots.