Friday, November 11, 2022

Opinion Today: What’s at stake if the Electoral Count Act isn’t reformed

Congress has an opportunity to act to better protect the vote.
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By Jyoti Thottam

Editorials Editor

A month ago, The Times and Siena College conducted a poll of registered voters that produced a surprising result: About 71 percent of Americans agree that American democracy is under threat, but very few — only 7 percent — said that it was a top concern for the country. (The economy in general, and inflation specifically, ranked much higher.) That finding was particularly concerning given that there were so many candidates who ran for office this year who questioned or denied the results of the 2020 election, including for positions that could have an influence over elections.

And yet — when it came time to vote in this week's election — Americans in several states rejected some of the most prominent of those candidates. That is good news and a sign that protecting democracy is a priority for American voters after all.

However, there is much more to be done, and Congress has a particular responsibility to act, as the Times editorial board wrote this week. The federal law that governs how presidential elections are conducted and certified, known as the Electoral Count Act, is 135 years old and long past due for reforms. Legal scholars have warned for years that its language was vague and left presidential elections vulnerable to attempts at subversion. That's what happened after the 2020 election.

Since then, the editorial board has called several times for reform of the Electoral Count Act. Congress has another opportunity to act over the next few weeks. The Senate and the House are considering reform legislation, and both parties agree that changes are needed — a rare bipartisan issue.

We urge lawmakers to make electoral reform a priority in the remaining weeks of the year. Threats to democracy have not disappeared — more than 220 candidates who questioned the 2020 results just won their races for state or federal office — and Americans need those who represent them in Congress to be vigilant.

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