Electoral Count Reform and Presidential Transition Improvement Act of 2022

Electoral Count Reform and Presidential Transition Improvement Act of 2022
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Shorttitle	Electoral Count Reform and Presidential Transition Improvement Act of 2022
Longtitle	An act to amend title 3, United States Code, to reform the Electoral Count Act, and for other purposes.
Enacted by	the 117th United States Congress
Effective date	December 29, 2022
Cite public law	Pub. L. 117–328, div. P
Acts amended	Electoral Count Act, Presidential Transition Act
Titles amended	3 U.S.C.
Introducedin	Senate
Introducedby	Susan Collins (R–Maine)
Introduceddate	July 20, 2022
Committees	Senate Rules
Passedbody1	Senate
Passeddate1	December 22, 2022
Passedvote1	68–29
Passedbody2	House
Passeddate2	December 23, 2022
Passedvote2	225–201–1
Signedpresident	Joe Biden
Signeddate	December 29, 2022

Electoral Count Reform and Presidential Transition Improvement Act of 2022 is a significant piece of federal legislation enacted to clarify and modernize the process for certifying presidential elections and managing transitions of power. The law amends the archaic Electoral Count Act of 1887 and updates the Presidential Transition Act in direct response to the January 6 Capitol attack and the contentious 2020 United States presidential election. Its primary goals are to prevent future attempts to subvert the electoral count, ensure a peaceful transfer of executive authority, and reinforce public confidence in American democracy.

Background and legislative history

The impetus for reform stemmed from the chaotic events surrounding the joint session of Congress on January 6, 2021, which convened to count electoral votes from the 2020 United States presidential election. Legal and political maneuvers by allies of then-President Donald Trump, including the submission of alternate slates of electors and objections raised by members of Congress, exploited ambiguities in the 19th-century Electoral Count Act. A bipartisan group of senators, led by Susan Collins and Joe Manchin, began drafting amendments in early 2022, forming the core of what became the Electoral Count Reform and Presidential Transition Improvement Act of 2022. The effort gained momentum following the public hearings of the January 6th Committee, which highlighted vulnerabilities in the existing statutory framework.

Key provisions of the Electoral Count Act reform

The act establishes a clear, elevated threshold for congressional objections to a state's electoral slate, requiring support from one-fifth of both the House and the Senate. It explicitly identifies each state's governor as the sole official responsible for submitting a state's certificate of ascertainment, aiming to prevent the submission of fraudulent electoral votes. The law also narrows the grounds for a valid objection and clarifies that the Vice President's role in presiding over the joint session is purely ministerial. Furthermore, it creates a specific judicial process for expedited review of certain election-related lawsuits, ensuring disputes are resolved before the meeting of electors.

Key provisions of the Presidential Transition Act reform

This section updates the Presidential Transition Act to ensure critical transition resources are available sooner for an apparent winner, even if the election outcome is contested. It mandates that the General Services Administration (GSA) ascertain the "apparent successful candidate" more promptly following an election, a direct response to the delayed ascertainment in 2020. The amendments also require transition teams to develop contingency plans for national security emergencies and enhance security vetting for personnel receiving classified briefings. These changes are designed to promote continuity of government and preparedness within the Executive Office of the President.

Legislative process and passage

The legislation was introduced in the Senate in July 2022 as a bipartisan compromise negotiated by a group including Senators Susan Collins, Joe Manchin, Kyrsten Sinema, and Rob Portman. After markup in the Senate Rules Committee, it was incorporated as Division P of the massive year-end omnibus spending bill. The Senate passed the consolidated bill on December 22, 2022, by a vote of 68–29, with support from leaders like Mitch McConnell and Chuck Schumer. The House followed suit the next day, passing it 225–201. President Joe Biden signed it into law on December 29, 2022.

Impact and analysis

Legal scholars and government reform advocates have widely praised the act as the most important election law reform since the Help America Vote Act of 2002. It is seen as a critical fortification of the constitutional process against subversion, closing loopholes that were tested during the 2020 election. Organizations like the Brennan Center for Justice and the American Law Institute have highlighted its role in strengthening democratic norms. However, some analysts note that the law does not address all potential vulnerabilities, such as the role of state legislatures, leaving future disputes to be resolved by the Supreme Court or existing provisions of the United States Constitution.

Category:2022 in American law Category:United States federal election legislation Category:Presidential transitions in the United States