The bipartisan group reportedly has struck a general agreement to raise the threshold for objecting to electors legitimately certified by states. Under current law, one representative and one senator are enough to trigger a challenge. Ms. Collins and Mr. Manchin would like to require 20% of each chamber, and we support raising the threshold even higher if politically feasible.
In addition, congressional objections should be allowed only on the basis of clearly defined and narrow criteria, and prohibited when results are fully verified in accordance with the law. The reform could also clarify that Congress’s constitutional authority to set the time of presidential elections precludes state legislatures from changing the means for choosing electors after voting has begun.
Other questions should be addressed: Under what circumstances can a state legislature choose electors if a disaster disrupts voting? What would be the proper response if a governor certified the slate of the candidate finishing second in the state’s popular vote? What should a state do if a county’s officials refuse to certify election results so the state’s count is incomplete? What happens if a state sends competing slates of electors to Congress?
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