Electoral Count Act

  • December 23, 2022

In December 2022, Congress passed the Electoral Count Reform Act (ECRA) as part of omnibus appropriations legislation. On this page, we have information about the ECA, answers to frequently asked questions about reforming it, and important public statements about this issue.

The Electoral Count Act (ECA) governs the process of casting and counting Electoral College votes for president and vice president. The statute sets the timeline for states to appoint presidential electors in November and for electors to cast their votes in December, and describes the process that Congress should follow when it counts the states’ electoral votes in January. As the nation learned in January 2021, the statute is badly in need of an update. It includes antiquated and ambiguous language, and fails to offer clear guidance on key aspects of the process of counting electoral votes and resolving related disputes — weaknesses that render the statute open to misunderstanding or exploitation, and risk the peaceful transitions of power that have been a hallmark of our democracy.

Learn more about the Electoral Count Act

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