This nonpartisan policy brief, written by an ACE fellow, is republished by The Fulcrum as part of our partnership with the Alliance for Civic Engagement and our NextGen initiative — elevating student voices, strengthening civic education, and helping readers better understand democracy and public policy.

Key Takeaways

• The Electoral Count Reform (ECRA) of 2022 modernizes the 1887 Electoral Count Act, which governed how Congress counts Electoral College votes. The original Act has been widely criticized as vague and susceptible to exploitation.
• The ECRA clarifies that the Vice President’s role is ceremonial, raises the objection threshold to 20 percent of both chambers, and designates governors as responsible for submitting elector certificates.
• Supporters argue that the bipartisan reform prevents future election disputes and protects democratic stability, while critics contend that it was rushed, doesn’t address deeper election integrity issues, and raises concerns about federalism.
• The Act reflects bipartisan cooperation but continues debates about federalism and the balance of power between states and Congress.

The Electoral Count Reform and Presidential Transition Improvement Act (ECRA) was introduced by Senator Susan Collins (R-ME) in July 2022 and signed into law by President Joe Biden in December 2022. It is a reform to the Electoral Count Act of 1887 (ECA), a law that governs how Congress counts the Electoral College votes for president every four years. The Act is also a response to President Donald Trump’s efforts to dispute the 2020 presidential election results, which revealed several gaps in the law that could be exploited by a presidential candidate.