Bipartisan Senate group discusses changes to election law

On Jan 24, 2022

A bipartisan group of senators met via Zoom on Monday to discuss potential changes to an archaic election law.

The call, which included 15 lawmakers and lasted for just over an hour, largely focused on the Electoral Count Act, which lays out how the Electoral College results are counted, but the group “touched briefly on many other topics,” a person familiar with the discussion confirmed to The Hill.

The call, convened by GOP Sen. Susan CollinsSusan Margaret Collins The Hill’s Morning Report – Presented by Facebook – Biden clarifies his remarks on Russia Effort to overhaul archaic election law wins new momentum Bipartisan lawmakers announce climate adaptation bill MORE (Maine), comes after a staff-level meeting took place last week and senators have talked among themselves about potential changes to the 1887 law in the wake of the 2020 election, which former President TrumpDonald Trump Headaches intensify for Democrats in Florida Stormy Daniels set to testify against former lawyer Avenatti in fraud trial Cheney challenger wins Wyoming Republican activists’ straw poll MORE has falsely claimed was stolen.

GOP Sens. Collins, Mitt RomneyWillard (Mitt) Mitt Romney Biden: A good coach knows when to change up the team Put partisan politics aside — The Child Tax Credit must be renewed immediately Trump remembers former ‘Apprentice’ contestant Meat Loaf: ‘Great guy’ MORE (Utah), Lisa MurkowskiLisa Ann Murkowski These Senate seats are up for election in 2022 Overnight Energy & Environment — Starting from ‘scratch’ on climate, spending bill Bipartisan lawmakers announce climate adaptation bill MORE (Alaska), Shelley Moore CapitoShelley Wellons Moore Capito Lobbying world Republicans threaten floor takeover if Democrats weaken filibuster Like it or not, all roads forward for Democrats go through Joe Manchin MORE (W.Va.), Rob PortmanRobert (Rob) Jones Portman Wicker: Biden comments on Ukraine caused ‘distress’ for both parties These Senate seats are up for election in 2022 Biden calls Intel’s B investment to build chip factories a tool for economic recovery MORE (Ohio), Thom TillisThomas (Thom) Roland Tillis Overnight Energy & Environment — Starting from ‘scratch’ on climate, spending bill Hillicon Valley — Senate panel advances major antitrust bill Senate panel advances bill blocking tech giants from favoring own products MORE (N.C.), Todd YoungTodd Christopher Young These Senate seats are up for election in 2022 Democrats return with lengthy to-do list Don’t just delay student debt, prevent it MORE (Ind.) and Ben SasseBen Sasse Biden: A good coach knows when to change up the team Sinema scuttles hopes for filibuster reform Democrats outraged after Manchin opposes Biden spending bill MORE (Neb.) took part in Monday’s call. Democratic Sens. Joe ManchinJoe Manchin Voting rights failed in the Senate — where do we go from here? Biden: A good coach knows when to change up the team The Memo: Biden looks for way to win back deflated Black voters MORE (W.Va.), Jeanne ShaheenCynthia (Jeanne) Jeanne Shaheen Wicker: Biden comments on Ukraine caused ‘distress’ for both parties Senators introduce bill aimed at protecting Ukrainian civilians Biden huddles with group of senators on Ukraine-Russia tensions MORE (N.H.), Kyrsten SinemaKyrsten Sinema Voting rights failed in the Senate — where do we go from here? Biden: A good coach knows when to change up the team The Memo: Biden looks for way to win back deflated Black voters MORE (Ariz.), Mark WarnerMark Robert Warner CIA says ‘Havana syndrome’ unlikely a result of ‘worldwide campaign’ by foreign power Schumer opted for modest rules reform after pushback from moderates Biden moves to boost security of sensitive national security systems MORE (Va.), Chris CoonsChris Andrew Coons US maintains pressure on Russia amid concerns of potential Ukraine invasion Sunday shows – Russia standoff over Ukraine dominates Sunday shows preview: US reaffirms support for Ukraine amid threat of Russian invasion MORE (Del.), Chris MurphyChristopher (Chris) Scott Murphy Democrats torn over pushing stolen-election narrative Wicker: Biden comments on Ukraine caused ‘distress’ for both parties Biden huddles with group of senators on Ukraine-Russia tensions MORE (Conn.) and Ben CardinBenjamin (Ben) Louis Cardin Democrats torn over pushing stolen-election narrative Democrats hope to salvage Biden’s agenda on Manchin’s terms Senators introduce bill aimed at protecting Ukrainian civilians MORE (Md.) were on the call as well.

The group’s discussions are still in the early stages as they exchange ideas of what they would each like to see, or not see, in a potential bill. But the number of senators involved in the talks has grown since Collins convened another call earlier this month.

The senators are eying changes to the Electoral Count Act, including clarifying that the vice president’s role is ceremonial and increasing the number of lawmakers that must sign onto an objection challenging a state’s Electoral College slate before the House and Senate are forced to vote on that challenge.

“I’m very encouraged by the fact that so many of our colleagues on both sides of the aisle have indicated an interest in making sure that votes are properly counted and certified, and that means overhauling the 1887 Electoral Count Act, it means looking at additional protections against violence and threats for poll workers and election officials,” Collins told reporters last week, as she gaggled with Manchin in the Senate basement.

Then-President Trump led a public and private pressure campaign to try to get his vice president, Mike PenceMichael (Mike) Richard Pence Man who threatened to kill Ocasio-Cortez, Pelosi pleads guilty to federal charges Giuliani led fake electors plot: CNN The Hill’s 12:30 Report: Dems look to repackage BBB into salvageable bill MORE, to unilaterally dismiss the Electoral College results from key battleground states as part of his role overseeing Congress’s counting of the election results on Jan. 6, 2021. Pence refused, saying the Constitution tied his hands.

GOP lawmakers were able to force votes to try to challenge the results from Arizona and Pennsylvania last year. Both of those efforts fell short, but it was the third time challenges to the Electoral College results have been voted on since 1887. Congress’s counting of the Electoral College results was delayed for hours on Jan. 6, 2021 because a pro-Trump mob breached the building, forcing lawmakers to be evacuated from the House and Senate chambers.

Currently only one member of the House and one member of the Senate must sign onto an objection to a state’s Electoral College slate to force a vote on the challenge in both chambers. Multiple members of the Senate group have said the threshold should be higher. House Administration Committee Chairwoman Zoe LofgrenZoe Ellen Lofgren On The Money — Ban on stock trading for Congress gains steam DACA highlights pitfalls of legalization schemes Momentum builds to prohibit lawmakers from trading stocks MORE (D-Calif.) has proposed changing it to require one-third of both chambers to sign onto an objection.

“It has clearly become weaponized. We clearly have to make it clear that the vice president is in a ministerial position, and there should be a higher bar for lodging an objection,” Tillis said from the floor last week about the Electoral Count Act.

In addition to changes to the act, the group is weighing making it a federal crime to threaten election officials or poll workers and providing election grants to states.

Manchin, before the Senate’s current one-week break, said that the senators “just think it’s such a needed thing to secure our elections” and wanted to ensure that election and poll worker intimidation would be “dealt with in the harshest penalties, we’re not going to fool with our count.”

Making changes to the 1887 law has growing momentum around Washington, D.C. Senate GOP Leader Mitch McConnellAddison (Mitch) Mitchell McConnell Biden: A good coach knows when to change up the team McConnell says he made ‘inadvertent omission’ in voting remarks amid backlash These Senate seats are up for election in 2022 MORE (R-Ky.) has blessed the bipartisan negotiations and House GOP Leader Kevin McCarthyKevin McCarthy Virginia’s new AG sacks lawyers at University of Virginia, George Mason House has the power to subpoena its members — but does it have the will? Mask rules spark political games and a nasty environment in the House MORE (R-Calif.) is keeping the door open to revisions.