Trump’s attempts to negate millions of votes by challenging state certifications revealed cracks in those foundations. Some shoring-up is clearly needed before the next election cycle begins. A good place to start might be with the appointment of a bipartisan commission that would propose election reforms to Congress and the states. Here are half a dozen suggestions to get things started:
Revise the Electoral Count Act of 1887, a law that came perilously close to being invoked for the first time in its history. Its muddled language would not have provided clear answers to myriad crucial questions. What happens if a state submits competing slates of electors? How to determine if a “majority” of the electoral college refers to all 538 electors or only those present and voting? If choosing the president fell to the House, with a single vote for each state, could a majority of members prevent the swearing-in of enough minority members (who nonetheless represented more states) so that the majority’s presidential candidate would win? The 1887 law clearly needs updating and clarifying.
The testing of voting machines needs to be strengthened to discourage fictional tales of “cheating algorithms.” Most states now require sample ballots to be run through each machine both before an election and before tabulation to confirm that each machine is counting correctly. Increase the number of test ballots and amend laws so that in post-election litigation, any complaining about the machines would be an obvious case of sour grapes.