Report: Roadmap to Electing the American President

American elections have long been a model of freedom and fairness for democracies around the world, with a comprehensive system of checks and balances to ensure all votes are counted and election results are honored.  

Passed by Congress with overwhelming bipartisan support in December 2022, the Electoral Count Reform Act (ECRA) is one critical safeguard that ensures our presidential elections run smoothly.

The ECRA lays out a specific and detailed timeline for electing the president and vice president that starts on Election Day and ends at the Joint Session of Congress. The ECRA clarifies the timeline and process for casting and counting electoral votes by:

• Requiring states to appoint electors on Election Day in accordance with pre-existing law to prevent state Legislatures from subverting the will of the voters.  
• Clarifying ​​that the governor must certify their state’s slate of electors ​​– unless another official is designated – ​and establishes a deadline for doing so.
• Providing an expedited process for federal courts to resolve disputes about a state’s certification of electors under the ECRA.    
• Clarifying the vice president’s role in the process when Congress meets to count each state’s electoral votes.    
• Raising the threshold for members of congress to object to a state’s certified election results.

Campaign Legal Center’s report, Electing the President: From Election Day to the Joint Session, provides illuminating insight into the Electoral Count Reform Act's procedures and timeline for finalizing our presidential election results.

From Election Day through the Joint Session of Congress where electoral votes are counted, finalizing the presidential election is an important and obligatory part of our democratic process. This report provides a critical roadmap to educate citizens on the positive changes that will be in effect for all future presidential election cycles. 

Electing the President: From Election Day to the Joint Session was co-authored by our partners at Protect Democracy and Bipartisan Policy Center.