Congress Must Update the Electoral Count Act of 1887. Business Can Help.
It’s time for the business community to step up to help fix the broken 135-year-old Electoral Count Act.
The business community has a bottom-line economic interest in protecting the democratic institutions upon which our republic relies. This includes public trust in elections, orderly transitions of power, and confidence in the safety and security of our electoral process. That is why Business for America calls for swift congressional action to address flaws in the Electoral Count Act of 1887 (ECA) and other election risks by passing both the Electoral Count Reform and Presidential Transition Improvement Act and the Enhanced Election Security and Protection Act.
Kicking off a campaign to mobilize the business community to advocate for passage of this critical legislation, BFA hosted a business briefing on Monday, July 27th with Mike Wakefield, senior counsel to Senator Susan Collins (R-ME), and Ryan Murguía, chief counsel to Senator Joe Manchin (D-WV). Collins and Manchin led the bipartisan group of senators who crafted the legislation.
Following the anniversary of the January 6th attacks on the Capitol, a bipartisan group of 16 Senators began to collaborate on potential reforms to the ECA and other broadly supported election protections. On the ECA, Wakefield of Collins’ office noted that it was an ambiguous statute from 150 years ago that showed its age over the past couple of decades. “Our goal was to get a bill that could get 70 or 80 votes and have it easily pass the Senate and the House,” he explained. Senator Amy Klobuchar (D-MN) will hold a hearing on the bills during early August.
Key provisions of the two bills include the following:
Electoral Count Reform & Presidential Transition Improvement Act
- Confirms a single slate of electors
- Clarifies the role of the vice president
- Raises objection threshold to ⅕ of both chambers of Congress
- Specifies limited grounds for congressional objections
- Protects each state’s popular vote
- Provides clear guidelines for presidential transition into office
Enhanced Election Security & Protection Act
- Doubles penalties for individuals who threaten and intimidate election workers
- Improves the handling of election mail by the U.S. Postal Service
- Reauthorizes the Election Assistance Commission for five years
- Increases penalties for stealing or altering election records or tampering with voting systems
“We were very mindful of the fact that all of the things we do in Congress don’t matter very much if at the end of the day we do not have a democracy to speak for,” said Ryan Murguia of Sen. Manchin’s office. “Correcting the largest vulnerabilities in the ECA, first and foremost, was on everyone’s radar… This legislation is essential for members of the business community as well as for all Americans.”
Commencing the webinar, BFA CEO Sarah Bonk noted that this is also a voting rights issue. “Right now under the Electoral Count Act, if we don’t do anything, there is the risk that state legislatures or Congress could manipulate the rules and ignore the will of the voters. Your vote, your employees’ votes could all just be ignored… It’s just as important to support modernizing the Electoral Count Act as it is to protect access to the ballot box.”
Business for America is mobilizing businesses and trade organizations to join a sign-on letter to Congress to urge passage of this legislation, as well as opportunities for the business community to meet with legislators face-to-face at in-district meetings. Wakefield confirmed that the energy, attention, and momentum of the business community’s support for the legislation would be beneficial for its passage.
If your company is interested in joining us in supporting this critical legislation, please visit bfa.us/ecra. For information on district meetings with Senate offices or to discuss the legislation, contact National Policy Director Richard Eidlin.
