The current hearings remind us why no such Capitol incursion ever should happen again, writes QuinHillyer. Fixing the Electoral Count Act is the biggest, most important step.
Polls consistently have shown bipartisan support for fixing the Electoral Count Act to resolve perceived ambiguities, streamline and clarify the process, and emphasize the fact that the vice president is meant to play merely a ceremonial role in Congress’s tabulation of the votes for president. As I noted last fall, “One top modern legal scholar wrote that ‘the law invites misrepresentation’ and ‘is turgid and repetitious. Its central provisions seem contradictory.
To see why, consider two warnings, both coming from well-established conservatives but pointing in politically opposite directions. Contrarily, American Enterprise Institute scholar Kevin Kosar wrote last June that Vice President Kamala Harris could use the act to “steal the election for [Joe] Biden — or for herself.” She might do so, Kosar wrote, by baldly claiming that the certified electoral votes from Georgia and Florida shouldn’t be counted because the laws of those states illegally “suppress voters.”
There are plenty of idealistic reasons to want the act fixed; yet if for no better reason than that the act's current form allows both major parties to fear the absolute worst from the other, Congress should make reform of the act an absolute priority.
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