Quick Summary:

The Electoral College is a process by which the US President and Vice-President are elected – not by the voters – but by ‘Electors’ appointed for the voter as provided in the Constitution. There is no actual ‘brick and mortar’ Electoral College.

Full Report:

Some American voters are still perplexed by the use of the ‘Electoral College’ in Presidential elections. We don’t blame you for any confusion. In Article 2, Section 1, of the original Constitution, the founders set up an ‘Electoral College’ to elect the President and Vice-President.  It was a compromise between direct election, and election by the Congress.

The Electoral College

The Electoral College is a process by which the US President and Vice-President are elected. There is no actual ‘brick and mortar’ Electoral College.

Each state is assigned a number of Electoral Votes according to its number of Senators and Representatives.  On December 14, the electoral college meets to certify the states votes, and then send them on to Congress for certification on January 6. So, the States run the actual local elections and in most states whoever wins is awarded all of that state’s Electoral Votes at a meeting of Congress in January before the new Congress is sworn in. In this modern age, such double-election is ridiculous and the Centrists believe that the old Electoral College should be scrapped and a direct vote be utilized – like for every other election.

In response to a dispute about who won the election in 1876, the Congress enacted 3 USC 15 which included a method of objecting to electoral votes or state returns, and other matters. It has been alleged that the Republican objections to the 2020 election were part of a larger attempted coup orchestrated from the White House and with knowledge of the sitting President, Donald J. Trump. And it was the catalyst for the storming of the US Capitol on the day the Electoral Votes were being counted, January 6, 2021, to certify Joseph Biden as the 46^th President of the United States.

Bills Submitted to Congress

Thus, Congress (with some amazing bipartisan support, finally) has introduced bills in both the House and Senate to clarify the Electoral College procedure,

HR 8873 – the Presidential Election Reform Act of 2022, and

HR8846 (S4573) – the Electoral Count Reform and Presidential Transition Improvement Act of 2022.

Both are currently pending but will not be acted upon until after the mid-term elections.

Remember, in regard to the popular vote, Donald J Trump lost to Hillary Clinton by 3 million votes in 2016, and lost to Joe Biden in 2020 by 7 million votes.  But by a quirk of the Electoral College where 270 votes wins (out of 538), in 2016 Trump was awarded 304 votes (2 not counted) to Clinton’s 232.  In 2020, he lost to Biden by 306 to 232.

In this November 2022 mid-term election there will not be a Presidential election, so the Electoral College will not be used. But it needs to be replaced with a direct vote before the 2024 election.

Presidential Election Reform Act of 2022

2. 09/19/2022 – Introduced by Lofgren and Cheney in the House
   1. HR 8873 – 117^th Congress, 2^nd Session (2021-2022)
3. Bill Summary –
   1. This bill revises the process of casting and counting electoral votes for presidential elections.
      1. The bill specifies that the choice of electors must occur in accordance with the laws of the state enacted prior to election day.
      2. Next, the bill specifies that the voting time for a state’s presidential election may only be extended due to a catastrophic event. Catastrophic event means a major natural disaster, act of terrorism, or widespread power outage if it (1) prevents a substantial portion of a state’s electorate from casting a ballot on election day, or (2) causes a substantial number of ballots already cast in a state to be destroyed or rendered unreadable.
4. Additionally, the bill requires each state’s governor to certify the appointment of electors for the state. Further, the bill provides for expedited judicial review for an action brought by an aggrieved presidential or vice-presidential candidate with respect to the issuance or transmission of a certificate of appointment.
5. The bill revises the framework for the joint session of Congress to count electoral votes and make a formal declaration of which candidates have been elected President and Vice President. Among other changes, the bill
   1. (1) specifies that the role of the presiding officer (the Vice President or, in the absence of the Vice President, the President pro tempore) during the joint session shall be ministerial in nature, and
   2. (2) raises the objection threshold in Congress to at least one-third of both the House of Representatives and the Senate.
6. 09/21/2022 – Passed the House 229 to 203 – largely party line vote
7. 09/22/2022 – Received in the Senate

Electoral Count Reform and Presidential Transition Improvement Act of 2022 [House]

1. 1. 09/15/2022 – Introduced by Gottheimer in the House
      1. HR 8846 – 117^th Congress, 2^nd Session (2021-2022)
      2. House – Introduced on 09/15/2022 and Referred to the Committee on House Administration, and in addition to the Committees on Oversight and Reform, and Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
   2. Bill Summary
      1. This bill revises the process of casting and counting electoral votes for presidential elections. The bill also revises provisions related to the presidential transition process.
      2. The bill specifies that the choice of electors must occur in accordance with the laws of the state enacted prior to election day.

• Additionally, the bill identifies each state’s governor (unless otherwise identified in the laws or constitution of a state in effect on election day) as responsible for submitting the certificate of ascertainment identifying the state’s electors. Further, the bill provides for expedited judicial review for any action brought by an aggrieved presidential or vice-presidential candidate arising under the U.S. Constitution or U.S. laws with respect to the issuance or transmission of such a certificate.

1. The bill revises the framework for the joint session of Congress to count electoral votes and make a formal declaration of which candidates have been elected President and Vice President. Among other changes, the bill
   1. (1) specifies that the role of the Vice President during the joint session shall be ministerial in nature, and
   2. (2) raises the objection threshold in Congress to at least one-fifth of the duly chosen and sworn members of both the House of Representatives and the Senate.
2. The bill also revises the presidential transition process, including to (1) allow more than one candidate to receive federal transition resources under certain circumstances, and (2) require additional reporting by the General Services Administration.

1. Related Bills – identical to S.4573

Electoral Count Reform and Presidential Transition Improvement Act of 2022 [Senate]

1. 07/20/2022 – S.4573 – Introduced by Collins, referred to Cmttee on Rules and Administration
2. 09/27/2022 – Cmttee on Rules and Admin reported favorably
3. Identical to HR 8846 above;

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