Election 2024/ Electoral Count Reform Act/ Congress Jan. 6/ presidential transition/ election integrity/ Newslooks/ WASHINGTON/ J. Mansour/ Morning Edition/ In the first presidential election since the Jan. 6 Capitol attack, new congressional measures aimed at securing election integrity face a stress test. The Electoral Count Reform Act, passed to prevent disruptions like those in 2021, will guide Congress’s handling of any post-election disputes. Concerns remain, though, with legal challenges and misinformation likely to follow Election Day.
New Election Safeguards Under Scrutiny: Key Takeaways
- Background: The Electoral Count Reform Act introduces measures to prevent post-election disruptions seen on Jan. 6, 2021.
- Legal and Procedural Changes: The Act expedites court timelines for election disputes and requires more support for challenging electoral results.
- Potential Risks: Legal challenges, misinformation, and doubts cast by political actors are top concerns as Election Day nears.
- Voter Sentiment: Polls show American voters uneasy about post-election stability and support efforts to safeguard election integrity.
2024 Election to Test New Guardrails Set Post-Jan. 6 Capitol Riot
Deep Look
The 2024 presidential election will test new safeguards Congress put in place following the January 6, 2021, attack on the U.S. Capitol. Known as the Electoral Count Reform Act, these changes are designed to reinforce the electoral process and prevent disruptions as the nation prepares for another close presidential race between Republican Donald Trump and Democrat Kamala Harris. Election experts, lawmakers, and pro-democracy advocates are gearing up to address potential post-election challenges, from misinformation campaigns to legal disputes, which could once again put the democratic process to the test.
The Act was crafted to clarify the procedural steps for post-election processes, aiming to prevent the kind of chaos seen when former President Trump and some Republican allies tried to overturn the 2020 election outcome. The events led to the Capitol riot and the delay of the certification of President Joe Biden’s victory. In a subsequent federal indictment, Trump was charged for orchestrating the scheme to overturn the election. These developments highlighted the need for more stringent post-election rules.
Voters Anxious About Post-Election Disputes
Recent polling by The Associated Press-NORC Center for Public Affairs Research reveals widespread unease among voters about potential post-election chaos. Former House Majority Leader Dick Gephardt, now on the executive board of the civic group Keep Our Republic, has been working to educate voters in key battleground states like Michigan, Pennsylvania, and Wisconsin. “The events of January 6 were a stark reminder that we can’t take the peaceful transfer of power for granted,” Gephardt said in a recent briefing.
One primary concern is the surge in legal challenges expected after Election Day, as some campaigns are already preparing for extended disputes. Legal experts worry that a large volume of lawsuits could cast doubt on the legitimacy of the election outcome, especially if misinformation from both domestic and international sources escalates. This scenario would mirror 2020 when Trump’s legal team launched a series of baseless claims that failed to hold up in court.
Post-Jan. 6 Reforms Address Process Gaps
The Electoral Count Reform Act has instituted several key changes aimed at securing a fair election process. The Act clarifies that the vice president’s role in certifying electoral votes is purely ceremonial, a point of contention in 2020 when Trump tried to pressure then-Vice President Mike Pence to block the certification. The Act also mandates that legal disputes over electoral outcomes be resolved swiftly, with expedited judicial reviews that can go directly to the Supreme Court if necessary.
Additionally, the Act raises the bar for challenging a state’s electoral count by requiring support from 20% of the House and Senate for objections to trigger a congressional vote—a change from the previous requirement of only one representative and one senator. This measure aims to prevent small groups from initiating disruptive challenges.
Some officials are skeptical about the reform’s effectiveness. Democratic Representative Zoe Lofgren, a chief architect of the bill along with Republican Senator Susan Collins, explained, “We did the best we could within the limits of legislation.” She added, however, that a system is only as strong as the individuals who uphold it.
Pre-Election Claims Raise Concerns
Trump, in particular, has been vocal about the integrity of the election, framing his campaign around a promise that this year’s election will be “too big to rig.” The Republican National Committee has made legal preparedness a core part of its Election Integrity initiative, fueling concerns that there may be contested results if Trump loses. GOP leaders like House Speaker Mike Johnson have echoed Trump’s calls for vigilance against election fraud, although multiple federal and state reviews have found virtually no evidence of illegal voting.
Rep. Joseph Morelle, a New York Democrat, pointed to Johnson’s statements as an early warning sign of potential disputes. Morelle observed, “By suggesting an issue where none exists, he’s setting the stage to challenge results, which is deeply troubling.”
Critical Deadlines in the Certification Process
Under the Electoral Count Reform Act, several key deadlines follow Election Day on Nov. 5. States are required to certify their electors by Dec. 11, leading to a Dec. 17 meeting of the Electoral College. When the new Congress convenes on Jan. 3, they must elect a House speaker and swear in members, and on Jan. 6, Congress will meet in a joint session to certify the electoral results, with the vice president presiding over the process.
Ensuring Smooth Certification
Despite the Act’s reforms, ensuring the peaceful transfer of power will ultimately require coordination across the federal and state levels and a commitment to uphold the legal process. The Act’s emphasis on rapid legal resolution and its requirement for higher thresholds for congressional objections aim to keep disruptions to a minimum.
However, some advocates caution that further actions are needed to secure the system. Wendy Weiser, vice president for democracy at the Brennan Center for Justice, emphasized, “Election integrity depends on transparent, consistent adherence to the rule of law.” At the Brennan Center, mock scenarios are being used to simulate potential post-election challenges, preparing responses to misinformation and legal battles that could further test the stability of American democracy.
With Election Day approaching, the reforms’ first real test will show whether these changes can effectively safeguard the democratic process. For lawmakers, election officials, and voters alike, the road from November 5 to January 20 will reveal the strength of America’s election guardrails in upholding the will of the people.
