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Shaheen Applauds Inclusion of Essential Reforms to the Electoral Count Act in the FY 2023 Government Funding Bill

(Washington, DC) – U.S. Senator Jeanne Shaheen (D-NH) announced that the government funding bill for fiscal year (FY) 2023 includes pivotal legislation she co-led with Senators Joe Manchin (D-WV) and Susan Collins (R-ME) to reform and modernize the outdated Electoral Count Act of 1887 to ensure that the votes tallied by Congress accurately reflect each state’s vote for President, and to clarify that the Vice-President serves only a ministerial role in counting those votes. 

“We have a moral duty to implement necessary reforms that will safeguard our elections from any threats that seek to undermine our democratic processes or institutions. That’s exactly what the Electoral Count Reform and Presidential Transition Improvement Act does. From raising the threshold for Congressional objections to explicitly clarifying that the Vice President cannot alter election results, this bill will protect our electoral process, promote the orderly transfer of power and strengthen our democracy,” said Shaheen. “I’m glad these essential reforms were included through the government funding bill. Time is of the essence to ensure we have the mechanisms in place to ensure free and fair elections, which are the cornerstone of our democracy.” 

For months, Shaheen worked with a bipartisan group of Senators to develop the legislation, receiving input from state election officials, as well as from an ideologically diverse group of election experts and legal scholars, including the American Law Institute.  

The Electoral Count Reform and Presidential Transition Improvement Act includes the following provisions:

1)     Electoral Count Reform Act. This section would reform and modernize the outdated Electoral Count Act of 1887 to ensure that electoral votes tallied by Congress accurately reflect each state’s vote for President. It would replace ambiguous provisions of the 19th-century law with clear procedures that maintain appropriate state and federal roles in selecting the President and Vice President of the United States as set forth in the U.S. Constitution.

2)     Presidential Transition Improvement Act. This section would help to promote the orderly transfer of power by providing clear guideline for when eligible candidates for President or Vice President may receive federal resources to support their transition into office.

The Electoral Count Reform and Presidential Transition Improvement Act is co-sponsored by Senators Collins, Manchin, Portman, Sinema, Romney, Shaheen, Murkowski, Warner, Tillis, Murphy, Capito, Cardin, Young, Coons, Sasse and Graham.  

The FY2023 government funding legislation was negotiated by Senate and House appropriators – it will go before the House and Senate this week before it’s sent to the President to be signed into law by December 23, 2022. 

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