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Poll finds bipartisan support for reforming Electoral Count Act

Congress

A majority of voters across the political spectrum support reforming the Electoral Count Act, which governs Congress' role in the process. Above: Members of the House meet to certify the 2020 election.

J. Scott Applewhite/Getty Images

A majority of voters across the political spectrum agree that the Electoral Count Act should be modernized to "protect the will of the people," recent polling found.

The Electoral Count Act of 1887 governs the casting and counting of electoral votes for president and vice president every four years, including Congress' role in the process. But election security and voting rights experts say the law's language is arcane and often confusing, which leaves room for misuse. Modernizing the law, experts say, would safeguard American democracy against another Jan. 6 insurrection or other potential crisis.

Proposed changes to the Electoral Count Act would establish more clearly defined rules for Congress and the vice president to follow, making it more difficult to reject a state's certified election results. Overall, 62 percent of voters surveyed supported such a change to the law, according to a poll released Tuesday by good-government groups Issue One, the Campaign Legal Center, Protect Democracy and RepresentUs.


Three-quarters of Democrats said they somewhat or strongly favored reforming the Electoral Count Act. More than half of independents (56 percent) and Republicans (52 percent) also indicated support.

Nearly two-thirds of voters said they would be more likely to support updating the law if the proposed changes were written by both Republican and Democratic members of Congress. Nearly seven in 10 Democrats would be more likely to support ECA reform if it was bipartisan, followed by 63 percent of Republicans and half of independents.

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"One of the reasons people say that America is 'exceptional' is that we regularly hold national elections run by the states per the Constitution, accept the outcome and peacefully transfer power based on the results," said Zach Wamp, a Republican who represented Tennessee in the U.S. House of Representative for eight terms and now co-chairs Issue One's ReFormers Caucus. "[The Electoral Count Act] must be modernized for the 21st century so that what happened January 6, 2021, doesn't happen again."

The voters primarily support ECA reform because they are worried a political party will try to overturn the results of an upcoming presidential election in order to put its own candidate in power. A majority of Democrats (56 percent), independents (53 percent) and Republicans (63 percent) raised concerns about this.

Most voters (58 percent) said there should be only a narrow set of circumstances in which Congress could reject a state's certified election results, compared to a quarter who said Congress should have broad power to reject results. While previous election certifications featured token opposition by members of Congress, the 2020 results were heavily contested by Republicans on Jan. 6, 2021, as rioters stormed the Capitol.

"As our poll shows, voters on both sides of the aisle are worried about partisan politicians trying to throw out a state's certified presidential election results," said Robert Jones from GS Strategy Group, which conducted the poll. "The public wants to see Congress act, and they strongly believe that a solution must be bipartisan. With the next presidential election having the potential to be one of the most contentious ever, this is one area where both Republicans and Democrats should be able to agree."

The nationwide online survey conducted by GS Strategy Group and ALG Research interviewed 1,012 registered voters between Sept. 20-26. The margin of error was 3.2 percentage points.

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“America is losing nearly a thousand jobs a day because of Trump’s war against cheaper, faster, and cleaner energy. Congressional Republicans have a choice: get in line with Trump’s job-killing energy agenda or take a stand to protect jobs and lower costs for American families,” Climate Power executive director Lori Lodes said in a March statement.

Opposition groups make misleading claims about the benefits of renewable energy, such as the reliability of wind or solar energy and the land used for clean energy projects, in order to stir up public distrust, Johnson said.

In support of its clean energy goals, the state fronted some of its own taxpayer dollars for several projects to complement the federal IRA money. Johnson said the strategy was initially successful, but with sudden shifts in federal policies, it’s potentially become a risk, because the state would be unable to foot the bill entirely on its own.

The state still has its self-imposed clean energy goals to reach in 25 years, but whether it will meet that deadline is hard to predict, Johnson said. Michigan’s clean energy laws are still in place and, despite Trump’s efforts, the IRA remains intact for now.

“Thanks to the combination — I like to call it a one-two punch of the state-passed Clean Energy and Jobs Act … and the Inflation Reduction Act, with the two of those intact — as long as we don’t weaken it — and then the combination of the private sector and technological advancement, we can absolutely still make it,” Johnson said. “It is still going to be tough, even if there wasn’t a single rollback.”

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