CHARLESTON, W.Va. — A U.S. Senate committee on Tuesday overwhelming voted to send an elections-related measure to the full chamber with an endorsement from the chamber’s top Republican.
The Senate Rules and Administration Committee voted 14-1 to report the Electoral Count Reform Act and the Presidential Transition Improvement Act to the Senate. Sen. Shelley Moore Capito, R-W.Va. — who is a co-sponsor of the legislation — voted in favor of the decision.
The legislation addresses the Electoral Count Act of 1887 and questions regarding presidential elections and Congress’ role in certifying results. The bill would limit the power of identifying state electors to governors or one specified state official and clarify the vice president’s role during the certification process as “ministerial,” in which they would not have any authority to accept or reject votes. The threshold needed to challenge a state’s electors would be one-fifth of both chambers compared to the current limit of one Senate and one House member.
Sens. Joe Manchin, D-W.Va., and Susan Collins, R-Maine, announced the original bill in July. Committee Chair Amy Klobuchar, D-Minn., and Ranking Member Roy Blunt, R-Mo., introduced a manager’s amendment to refine parts of the bill following comments; the committee held a hearing in August on the legislation and revising provisions.
The legislation and a similar House of Representatives bill stem from the January 2021 violence at the U.S. Capitol, in which supporters of former President Donald Trump attempted to halt the verification of the 2020 presidential election. Trump had additionally pressured then-Vice President Mike Pence to reject electors from states won by President Joe Biden.
Trump and Republican allies unsuccessfully challenged the election results before and after the riot; some Republican lawmakers objected electors in the hours following the insurrection.
Capito told colleagues there was pressure for Congress to address the Electoral Count Act, but the Senate group “took our time” to ensure the proposal balances states’ ability to conduct elections and Congress’ authority to certify presidential election results.
“I’ve long championed our decentralized electoral systems. That’s what we have which gives states the powers to design and enforce their election laws to meet the needs of their constituents,” she said. “I do not believe members of Congress should overturn lawfully — and I say lawfully — cast votes.”
Capito continued, “Our group welcomed all kinds of input from legal experts, from this committee, from individuals, from constitutional scholars from all different types of political leanings. Based on that information, we came up with this bill.”
The legislation has attracted a bipartisan coalition of 22 total sponsors in the split Senate. Senate Minority Leader Mitch McConnell, R-Ky., stated Tuesday he supports the legislation.
“The reason we’re here is pretty simple: After 150 years, the Electoral Count Act needs some modest updates,” McConnell told fellow Rules Committee members. “Those of us on the committee know it, I believe all of our colleagues know it, and the American people certainly know it.”
Sen. Ted Cruz, R-Texas, was the lone senator who opposed reporting the bill. Cruz was among the Republicans who challenged the 2020 election and opposed certifying results from certain states won by President Joe Biden.
The House passed its election proposal last week; nine Republicans joined Democrats in supporting the Presidential Election Reform Act. West Virginia Reps. David McKinley, Alex Mooney and Carol Miller opposed the legislation.
“It’s clear that only a bipartisan compromise originating in the Senate can actually become law,” McConnell contended. “One party going it alone would be a non-starter. In my view, the House bill is a non-starter. We have one shot to get this right.”
Miller argued the House bill would take states’ power to conduct elections. Mooney told MetroNews he would consider reviewing the Senate measure if senators pass the legislation.