Congress Must Update Electoral Count Act to Avoid Another January 6th Attack

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The House Committee investigating the January 6th attack on our country will hold its third hearing today at 1 p.m. Eastern Time, focusing on the former President’s effort on and leading up to Jan. 6, 2021, to pressure then-Vice President Mike Pence to refuse to count lawful electoral votes. 
 

WASHINGTON, D.C. – Trevor Potter, founder and president of Campaign Legal Center and Republican Former Chairman of the Federal Election Commission, issued the following statement: 

“Elections should be decided by voters, not partisan politicians. The next presidential election could be one of the most contentious ever, which is why the time to act is now. The single most practical thing Congress can do to avoid another attack like what we saw on January 6th is to update the Electoral Count Act and protect the will of the people.”

Background on the Electoral Count Act:
In the wake of the 2020 election, partisan actors attempted to exploit loopholes in the Electoral Count Act (ECA), an obscure law from 1887 that outlines procedures for counting electoral college votes. While the attempts to reject state-certified election results and overrule the will of voters were unsuccessful, gaps and ambiguities remain in the ECA and are ripe for manipulation. Bipartisan efforts in Congress are underway to close a loophole in the ECA — which hasn’t been updated in more than 130 years — that could allow partisan actors to again try to throw out a state’s certified presidential election results.

A poll commissioned by Campaign Legal Center showed strong, bipartisan support among voters for updating the ECA. It also highlights the serious concern held by a majority of voters (58%) that one party in Congress could try to overturn the results of an upcoming presidential election to put their own candidate in power. 

Congress has the power to update the ECA and bring it into the 21st century. Any legislation that is truly meant to address the ECA’s shortcomings should include at a minimum, the following:

  • Clarify the role of the vice president and Congress in counting electoral votes.
  • Define rules and procedures for objections in counting electoral votes and raise the threshold for objections.
  • Establish clear timetables.
  • Articulate appropriate processes for resolving post-election disputes. 

Mr. Potter was also invited by the House Committee to submit an expert statement, highlighting what’s at stake for future elections.
 

CLC President Issues Statement Ahead of January 6th Congressional Hearings

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The House Committee investigating the January 6th attack on our country will begin a series of public hearings on June 9, 2022, at 8 p.m. Eastern Time.

WASHINGTON, D.C. - Trevor Potter, founder and president of Campaign Legal Center and Republican Former Chairman of the Federal Election Commission, issued the following statement ahead of the January 6th committee hearings:

“The January 6th attack on our country is a harrowing example of what happens when partisan actors sow distrust in our elections. These same bad actors have capitalized on this distrust to pass numerous state laws that would allow them to subvert our elections and undermine our freedom to vote. We must support the January 6th Committee's work to fully investigate, seek justice and hold accountable the bad actors involved in the attack to ensure this never happens again.”

Mr. Potter submitted a statement to the committee earlier this year, highlighting what's at stake for the future of our elections. In his statement, he calls on Congress to close a loophole in the Electoral Count Act (ECA), which hasn't been updated in more than 130 years. Leading up to Jan. 6, 2021, partisan actors exploited ambiguities in the ECA that, in part, led to the subsequent attack. A poll conducted in 2021 showed strong bipartisan support for updating the ECA, and that most voters believe there is a real threat to overturning the results of an upcoming presidential election if nothing is done.