Trump is stumbling into the debate on the Electoral Count Act reform with poor information and bad intent
Mike Pence presiding over the joint session of Congress on January 6, 2021. Photo: Saul Loeb - Pool/Getty Images Among the tiny group of wonks, lawyers, and lawmakers quietly working on an update for the Electoral Count Act of 1887, the last few weeks have been very encouraging.
More to the point, in 2025 the veep who would have such extensive powers to count or reject or “send back” electoral votes under the Trump-Eastman doctrine will be Kamala Harris, whom Trump has called a “monster” and a “communist.” Despite the inconsistency and incoherence of Trump’s attack on Electoral Count Act reform, it could have an effect on MAGA bravos in Congress, including perhaps House Republican leader Kevin McCarthy, who had expressed an openness to fixing the statute not that long ago. The vice-president issue aside, there are provisions in a potential ECA reform bill that are more urgent than reining in a veep that most legal beagles think is already restrained by both Constitution and statute.
In any event, here’s hoping that Trump moves on to another subject for his rants and raves, or that his friends in Congress understand the effect of an unreformed ECA in a very close presidential election may be a constitutional crisis, not necessarily a second term for Trump.
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