Polling station at 10 E 15th Street in Manhattan, New York. Photo: Ryland West/ALM Electoral Count Act of 1887: Part 8—Comparison of H.R. 8873 and S. 4573 Amendment in the Nature of a Substitute
The many provisions that S. 4573 and H.R. 8873 provide for federal court suits and expedited Supreme Court review raise issues of confidence in prior Supreme Court presidential election decisions.
December 08, 2022 at 10:00 AM
15 minute read
Pending in the U.S. Senate, as of its adjournment for the midterm elections, was S. 4573, Amendment in the Nature of a Substitute, to reform the 1887 Electoral Count Act, as codified in 3 U.S.C. §§1-21 (2000). It was proposed by Senate Rules Committee Chair Amy Klobuchar (D-MN) and Ranking Minority Senator Roy Blunt (R-MO) who is retiring. It would supersede the version of S. 4573 introduced last July by Sens. Susan Collins (R-ME) and Joe Manchin (D-WV) previously discussed in the seven prior New York Law Journal articles in this series. S. 4573 would also amend the Presidential Transition Act of 1963 to ensure its even-handed administration during presidential transitions between Election Day and the January 20 inauguration.
The House of Representatives passed H.R. 8873, the Presidential Election Reform Act, by 229 to 203 on Sept. 21, 2022. The Act has since been delivered to the Senate, but it remains at the desk and has not been referred to a committee at this time.
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