Tag Archives: Legislative Branch (Discontinued from 10th January 2023)

Presidential Vote Counting to Get Revamp After Donald Trump Tried to Reverse 2020 Loss

WASHINGTON—For the first time in more than a century, Congress is poised to pass legislation that would revamp the process of certifying presidential electors, a direct response to efforts by former President

Donald Trump

and his supporters to overturn the 2020 election results. 

The Electoral Count Reform Act has been attached to a $1.65 trillion yearlong spending package currently moving through Congress that is expected to become law this week. The ECRA is the result of nearly a year of bipartisan Senate negotiations to update an 1887 law that came into focus during the certification of the presidential results on Jan. 6, 2021. 

Current law requires Congress to convene for a joint session on Jan. 6 after a presidential election to count and ratify the 538 electoral votes certified by the 50 states and District of Columbia. The vice president, serving as president of the Senate, has the duty to count the votes in a joint session of Congress. 

In 2021, Mr. Trump pressured then-Vice President Mike Pence to reject some electors unilaterally. Mr. Pence refused, saying such a move was beyond his power. After Mr. Trump urged his supporters to march on the Capitol in a speech on the Ellipse, a pro-Trump mob overran the Capitol, temporarily interrupting the proceedings. After Congress reconvened, 139 House Republicans and eight Senate Republicans voted against certifying the election results. 

The new legislation would make it clear that the vice president’s role is merely to count the votes publicly and that he or she has no power to alter the results. It also would significantly raise the threshold to sustain an objection to a state’s electors to one-fifth of both chambers, up from one House member and one senator now. 

The proposal would also provide for an expedited federal court challenge if a state attempts to delay or tamper with election results. The bill holds that the court decision is final and requires Congress to accept that decision.

The current Electoral Count Act “is a time bomb under democracy, and we learned on Jan. 6 that its ambiguities and confusing terms are very dangerous,” said Maine Sen. Angus King, an independent who caucuses with Democrats.

Sen.

Susan Collins

(R., Maine) credited the work of a group of 15 senators who span the ideological spectrum in negotiating the bill. “The events of Jan. 6 clearly brought home the flaws in the law,” she said.

The Biden administration called the changes “a vital piece of legislation.”

Sen.

Josh Hawley

(R., Mo.) said he opposed changes to the current law. Mr. Hawley was the first senator to say he would object to the results of the 2020 presidential election, a move that forced lawmakers to debate and vote to affirm the states’ tallies on Jan. 6, 2021. As Mr. Hawley entered the Capitol ahead of the joint session that day, he was photographed fist-pumping to cheers from the pro-Trump crowd gathered outside.

“I think it’s fine, this is the democratic process,” Mr. Hawley said about the current rules. “I don’t think the objection caused the riot.” 

Other lawmakers have used the process outlined in the Electoral Count Act to object to election results in recent years. Some Democrats objected, unsuccessfully, to certification of both of former President

George W. Bush

‘s wins as well as Mr. Trump’s.

In both cases the Democratic nominee for president had already conceded and wasn’t supportive of the objections. Mr. Trump has continued to call for overturning the results and to claim falsely that he won the 2020 election.

The House select committee investigating the Jan. 6 attack made four criminal referrals for Mr. Trump to the Justice Department on Monday after investigating the lead-up and attack itself. Mr. Trump has denied wrongdoing related to the riot. The Justice Department is currently conducting a parallel investigation of the events.

“I don’t care whether they change The Electoral Count Act or not, probably better to leave it the way it is so that it can be adjusted in case of Fraud,” Mr. Trump said in a post on Truth Social on Tuesday.

Mr. Trump has said the planned changes show that the vice president did indeed have the power to block electors under current law. Backers say they are trying to eliminate any loopholes that could be exploited by future candidates, including Mr. Trump.

Among the Electoral Count Reform Act provisions included in this week’s spending package is a requirement that each state’s governor, unless specified in the state’s laws or constitution, submit the slate of electors. That would keep states from submitting false electors as some sought to do in 2020. 

It also would prevent state legislatures from overriding the popular vote in their states by declaring a “failed election,” except in narrowly defined “extraordinary and catastrophic” events.

Edward Foley, the director of Election Law at Ohio State University said the bill’s most significant provision is making sure the courts are the final backstop in case of false electors.

“We can look to courts as being the branch of government that is most immune from this kind of political denialism,” he said.

The version included in the spending bill is the Senate version, which had 38 co-sponsors, including both Majority Leader

Chuck Schumer

(D., N.Y.) and Minority Leader

Mitch McConnell

(R., Ky.).

In September, the House passed its own version of the legislation, 229-203. Nine Republicans joined Democrats in voting to pass the House bill. None of them are returning to Congress next year.

Write to Eliza Collins at eliza.collins@wsj.com and Lindsay Wise at lindsay.wise@wsj.com

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Congress Faces Deadline for Keeping Government Funded

WASHINGTON—Congressional leaders are set to return to the Capitol on Monday under pressure to negotiate a spending bill that would fund the federal government’s operations beyond Friday.

Negotiators have days to reach a deal on a full-year spending bill or pass a short-term measure delaying the deadline to avoid a partial government shutdown. To reach a longer-term deal, they will have to break the partisan deadlock between Republicans and Democrats, who are split over $26 billion in nondefense spending. 

Republicans say that Democrats want big increases for entities such as the Internal Revenue Service that they say are already flush with cash. Democrats say their funding priorities, such as funding veterans’ healthcare, are critical. 

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Democrats in the U.S. Senate need to convince at least 10 Republicans to agree to advance a spending bill with the 60 votes needed. In the House of Representatives, a spending bill can be passed with a simple majority. 

Few other items remain on the congressional agenda before new lawmakers take over for the next session, which begins on Jan. 3. Lawmakers who see the spending bill as the last major piece of legislation to pass are also lobbying hard for negotiators to include other measures they see as top priorities. 

Some lawmakers want the spending bill to include the Electoral Count Act, which would change an 1887 law governing how Congress deals with presidential-election disputes. The bill has been pitched as a way to prevent a repeat of what happened following the 2020 election when then-President

Donald Trump

pressured his vice president,

Mike Pence,

to reject the Electoral College votes from some states. Mr. Pence declined to do so.

Other lawmakers are trying to include a measure that would extend a Dec. 27 deadline for

Boeing Co.

to secure federal safety approvals for two new versions of the 737 MAX airplane. The company was required by law to install new cockpit-alerting systems to help pilots resolve emergencies in the wake of two deadly crashes. 

Boeing has said it might cancel two new versions of one of its airplanes if it doesn’t get an extension on a safety-approval deadline.



Photo:

JASON REDMOND/REUTERS

The deadline was set by Congress two years ago, but Federal Aviation Administration approvals have taken longer than expected. Without an extension, Boeing said in a securities filing that it might cancel both planes, exposing it to losses of potentially tens of billions of dollars. 

Sen.

Roger Wicker

(R., Miss.), the top Republican on the Senate committee that oversees transportation issues, said he was hopeful that an extension would be included in a spending bill. 

“I think it’s a reasonable ask,” he said last week.

Lawmakers could also include a provision that would shield banks from penalties if they handle marijuana-related transactions.

Banks that do business with the cannabis industry risk losing their federal banking charters because marijuana, despite being legal in some states, remains illegal on a federal level. As a result, some marijuana businesses are excluded from credit-card processing and rely heavily on cash to operate, making them targets for robberies. 

Sen.

Joe Manchin

(D., W.Va.) could look toward the spending bill as a way to pass a measure that would speed up environmental reviews of major energy projects, including natural-gas pipelines, electricity transmission lines, wind farms and solar-power installations.

Sens.

Martin Heinrich

(D., N.M.) and

Roy Blunt

(R., Mo.) are pushing to include a measure that would steer federal money toward projects to restore habitats for struggling species.

Sen. Joe Manchin (D., W.Va.) could press for changes to environmental reviews for energy projects.



Photo:

SARAH SILBIGER/REUTERS

The measure would fund state conservation plans, which are federally required strategies and wish lists that wildlife agency officials keep on struggling animal, fish and plant populations they monitor. Those plans say more than 12,000 species need conservation help because of extreme weather, habitat loss, invasive species and disease. Such plans received unstable funding in the past.

“Without enough resources, wildlife agencies have been forced to pick and choose which species are worth saving,” Mr. Heinrich said in a statement. 

Senate lawmakers are expected this week to pass a defense policy bill that authorizes U.S. military leaders to purchase new weapons and increase pay for troops, and lifts a requirement for members of the military to get vaccinated against Covid-19. 

The annual National Defense Authorization Act would increase America’s total national security budget for fiscal year 2023 to $857.9 billion. House lawmakers passed the NDAA bill on Thursday with 350 votes in favor and 80 votes against it. 

Republicans had pushed for the bill to end the Defense Department’s Covid-19 vaccine rule, arguing that scrapping it would help recruitment and prevent the loss of additional troops whose departures have left the U.S. military weaker. 

Katherine Kuzminski,

a senior fellow and program director on military, veterans and society issues for the Center for a New American Security, a military think tank, said it is hard to assess whether vaccine-related discharges have hurt the U.S. military’s capability because it is unclear whether the people who left worked in high-profile, hard-to-fill specialized positions or whether they were easily replaceable. 

On recruitment, she said that younger people who are weighing military service “are less likely to make decisions regarding military recruitment based on political debates.”

Natalie Andrews contributed to this article. 

Write to Katy Stech Ferek at katy.stech@wsj.com

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