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Senators may unveil Electoral Count Act reform proposal this week

Sen. Susan Collins and Sen. Joe Manchin

The bipartisan Senate group led by Susan Collins and Joe Manchin intend to reveal their plan to update the Electoral Count Act in the coming days.

Alex Wong/Getty Images

A bipartisan effort to solidify the role of Congress and the vice president in certifying election results may move forward this week, as the committee investigating the Capitol riot prepares for another primetime hearing.

The Electoral Count Act sets the rules for finalizing presidential elections; Donald Trump and some of his supporters attempted to exploit ambiguities in the law in order to keep him in the White House. When that failed, thousands of people stormed the Capitol.

Republican Sen. Susan Collins, who is leading a partisan effort to update the ECA with Democratic Sen. Joe Manchin, told reporters Monday that their bipartisan group expects to offer legislation this week.


“This turned out to be a more complex task than we anticipated, as always is the case when you're delving into an 1887 law that has ambiguous and outdated language, but I do anticipate that our group will introduce the bills this week,” Collins said, according to The Washington Post.

The ECA was passed after three states submitted multiple slates of electors in the 1887 presidential contest. In order to prevent future confusion, Congress passed a law that outlines the process and procedures for counting electoral votes. But the language is vague in some areas, including the role of the vice president – which Trump attempted to exploit by having Mike Pence overturn the results.

Pence refused, Trump and many of his followers were outraged, and the insurrection ensued with some people even demanding that Pence be hanged.

According to the Post, the Collins-Manchin bill is expected to clear up ambiguities in the ECA. It will:

  • Set deadlines for states to change election rules.
  • Make clear that states cannot select electors after Election day.
  • Increase the requirement for Congress to object to a state’s slate of electors (currently one member from each chamber).
  • State clearly that the vice president’s role is purely ceremonial.

The nonpartisan group CommonSense American recently released survey data showing overwhelming support for reforming the ECA. The group found that 97 percent of Democrats and 86 percent of Republicans agree that the vice president’s role in the process must be clarified.

CommonSense American also found strong support for other elements of the ECA reform bill, including 80 percent support for barring states from changing how electors are selected after Election Day, and 76 percent backing for making it more difficult for members of Congress to object to a state’s electoral slate.

The committee investigating the Jan. 6 riot will hold its ninth – and second primetime – hearing Thursday. The panel’s members will focus on Trump’s actions on that day. Matthew Pottinger, who served on the National Security Council, and former White House press aide Sarah Matthews are both expected to testify. Both resigned their positions in response to the insurrection.


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An ICE agent monitors hundreds of asylum seekers being processed upon entering the Jacob K. Javits Federal Building on June 6, 2023 in New York City. New York City has provided sanctuary to over 46,000 asylum seekers since 2013, when the city passed a law prohibiting city agencies from cooperating with federal immigration enforcement agencies unless there is a warrant for the person's arrest.(Photo by David Dee Delgado/Getty Images)
An ICE agent monitors hundreds of asylum seekers being processed.
(Photo by David Dee Delgado/Getty Images)

The Power of the Purse and Executive Discretion: ICE Expansion Under the Trump Administration

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

  • Core Constitutional Debate: Expanded ICE enforcement under the Trump Administration raises a core constitutional question: Does Article II executive power override Article I’s congressional power of the purse?
  • Executive Justification: The primary constitutional justification for expanded ICE enforcement is The Unitary Executive Theory.
  • Separation of Powers: Critics argue that the Unitary Executive Theory undermines Congress’s power of the purse.
  • Moral Conflict: Expanded ICE enforcement has sparked a moral debate, as concerns over due process and civil liberties clash with claims of increased public safety and national security.

Where is ICE Funding Coming From?

Since the beginning of the current Trump Administration, immigration enforcement has undergone transformative change and become one of the most contested issues in the federal government. On his first day in office, President Trump issued Executive Order 14159, which directs executive agencies to implement stricter immigration enforcement practices. In order to implement these practices, Congress passed and President Trump signed into law the One Big Beautiful Bill Act (OBBBA), a budget reconciliation package that paired state and local tax cuts with immigration funding. This allocated $170.7 billion in immigration-related funding for the Department of Homeland Security (DHS) to spend by 2029.

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Families of Americans Overseas Wrongfully Detained Bring Advocacy to Capitol Hill

WASHINGTON – American journalist Reza Valizadeh visited his elderly Iranian parents in March 2024 for the first time in 15 years. Valizadeh’s stories for Voice of America and other U.S. government-funded outlets often criticized the Iranian regime. So before traveling, he sought and received confirmation that he would be safe from a high-ranking commander in the Islamic Revolutionary Guard Corps, a branch of Iran’s armed forces. However, in September that same year, the Islamic Revolutionary Guard Corps arrested Valizadeh, and Tehran’s Revolutionary Court sentenced him to ten years in prison for “collaboration with a hostile government.”

In the Rotunda of the Senate Russell Building last week, the Bring Our Families Home campaign set up portraits of Valizadeh and 12 other Americans currently wrongfully detained overseas. The group, family members of illegitimately detained Americans, appealed to Congress to push for their safe return. Each foam poster board included the name, home state, and country of detainment. The display also included portraits of the 33 people released after advocacy by the James W. Foley Foundation.

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