Fixing the Electoral Count Act is a good idea

Supermajority vote: Charen argues that “a supermajority should be required to decertify any state’s electoral votes, not just a simple majority as the law now permits.” I agree; a two-thirds majority would be appropriate in this setting. As is true of impeachment, a congressional vote to invalidate a slate of electors is a sufficiently drastic step that it should not be done on a party-line vote in a closely divided Congress. Of course, this would be an extra-constitutional rule, which raises some of the long-standing questions about whether the ECA is constitutional at all, but if we assume that Congress has the power to legislate a process, then it follows that Congress can — as it presently does with the filibuster and reconciliation rules — decide how many votes are required to pass that process. Some argue that raising the bar for overturning slates of electors just encourages stunt objections, but stunts are less harmful than actually overturning a democratic vote. And that brings us to the next issue.
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