Senate Appropriations Bill Includes Critical Updates to Electoral Count Act

Washington, D.C. – The Senate has released an omnibus appropriations bill for fiscal year 2023. It includes a bill that updates the Electoral Count Act (ECA) of 1887, an archaic law that provides the primary legal framework for casting and counting electoral votes.

The ECA has not been updated since its enactment more than 130 years ago, and it is rife with gaps and ambiguities that make it confusing. The law is important because it sets a timeline for selecting electors and transmitting their votes to Congress. The ECA also establishes procedures for how Congress counts the electoral votes.

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

“Updating the Electoral Count Act is one step closer toward becoming a reality by the end of this year. The text of the omnibus bill released by the Senate includes critical changes to the Electoral Count Act to safeguard future presidential elections. These updates have enjoyed broad bipartisan support and passing this bill would be a major accomplishment. The next presidential election could be one of the most contentious ever, which is why we urge Congress to act without delay to protect the will of the people.”