Sponsored by the Federal Bar SectionFor most of us, the counting of the Electoral College votes for the presidency is thought to be an orderly and largely symbolic process that automatically confirms what we saw voters determine on election night. But is it? The certification of electors and the counting of their votes now relies upon the provisions of the Electoral Count Act of 1887. When the selection of Rutherford B. Hayes as President was accomplished by a committee composed of senators, congressmen and Supreme Court Justices, Congress put in place the Act to prevent the election crisis that attended the 1876 election. It was intended to create an orderly legislative process to make more certain the certification of electors and counting of electoral votes. Is this over 130-year-old statute any longer up to the task of translating American voters’ decisions into the formal election of the President? As electoral emergencies seem more likely to occur in the coming years, can the Act withstand the stresses put on it? Could we wake up one morning to find that the electoral votes for President are other than what the American voters thought they had decided in November? We hope to help you in answering those questions. Join this timely program that examines the history of the Act, its provisions, what most consider its vulnerabilities and present efforts to reform the Act.
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