How to actually fix America's election problem
President Biden traveled to Georgia on Tuesday to deliver what The Washington Post teased would be a "hard-hitting speech on voting rights" and the need for Congress to pass sweeping legislation to shore them up. But back in Washington, Senate Democrats appeared close to completing a more focused election-reform bill that could do far more good than the president's rhetorical call to arms.
Introduced by Sens. Angus King (I-Maine), Dick Durbin (D-Ill.), Amy Klobuchar (D-Minn.), and possibly others to come, the bill would revise the Electoral Count Act of 1887. Former President Donald Trump's efforts to keep himself in office despite losing the 2020 election were made possible by exploiting ambiguities in the text of the ECA. According to Greg Sargent's reporting in the Post, the new bill would seek to eliminate those ambiguities as they relate to three aspects of counting and certifying electoral votes.
To begin with, the bill would establish a new form of judicial review aimed at preventing states from nominating rogue slates of electors that diverge from the state's pre-existing rules for choosing electors. (A Republican state legislature or governor might seek to do this if a Democrat narrowly prevailed in the state's popular vote.)
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
The bill would also seek to prevent Congress from objecting to valid slates of electors or certifying phony ones. It would accomplish the first goal by increasing the number of members required to raise objections; it would accomplish the second by requiring supermajorities to sustain them.
Finally, the bill would clarify that the vice president has no power to decree whether electors will be counted. (Trump repeatedly pressured his vice president, Mike Pence, to do precisely that.)
Of course, no bill can guarantee that elected and appointed officials will refrain from attempting to subvert the outcome of elections in novel ways. With the country deeply and narrowly divided and increasing numbers of people in both parties considering a victory by the other side an existential threat that's inherently illegitimate, we seem fated to endure rocky elections for the foreseeable future.
But the bill taking shape in the Senate is far better than none at all. The question is whether 10 Republican senators can be persuaded to support it. At the moment, only four appear willing to entertain doing so. Can six more be found to strengthen the country's electoral system?
If not, that would be pretty powerful evidence of how vulnerable the system truly is.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Damon Linker is a senior correspondent at TheWeek.com. He is also a former contributing editor at The New Republic and the author of The Theocons and The Religious Test.
-
Today's political cartoons - December 21, 2024
Cartoons Saturday's cartoons - losing it, pedal to the metal, and more
By The Week US Published
-
Three fun, festive activities to make the magic happen this Christmas Day
Inspire your children to help set the table, stage a pantomime and write thank-you letters this Christmas!
By The Week Junior Published
-
The best books of 2024 to give this Christmas
The Week Recommends From Percival Everett to Rachel Clarke these are the critics' favourite books from 2024
By The Week UK Published
-
Why Assad fell so fast
The Explainer The newly liberated Syria is in an incredibly precarious position, but it's too soon to succumb to defeatist gloom
By The Week UK Published
-
Romania's election rerun
The Explainer Shock result of presidential election has been annulled following allegations of Russian interference
By Sorcha Bradley, The Week UK Published
-
Russia's shadow war in Europe
Talking Point Steering clear of open conflict, Moscow is slowly ratcheting up the pressure on Nato rivals to see what it can get away with.
By The Week UK Published
-
Cutting cables: the war being waged under the sea
In the Spotlight Two undersea cables were cut in the Baltic sea, sparking concern for the global network
By The Week UK Published
-
The nuclear threat: is Vladimir Putin bluffing?
Talking Point Kremlin's newest ballistic missile has some worried for Nato nations
By The Week UK Published
-
Russia vows retaliation for Ukrainian missile strikes
Speed Read Ukraine's forces have been using U.S.-supplied, long-range ATCMS missiles to hit Russia
By Arion McNicoll, The Week UK Published
-
Has the Taliban banned women from speaking?
Today's Big Question 'Rambling' message about 'bizarre' restriction joins series of recent decrees that amount to silencing of Afghanistan's women
By Harriet Marsden, The Week UK Published
-
Cuba's energy crisis
The Explainer Already beset by a host of issues, the island nation is struggling with nationwide blackouts
By Rebekah Evans, The Week UK Published