Rep. Stansbury Helps Pass Bill To Defend Democracy And Electoral Count

Statement

To prevent future attempts at decertifying the presidential election like the January 6, 2021 attack on the U.S. Capitol, U.S. Representative Melanie Stansbury (N.M.-01) voted to pass the bipartisan Presidential Election Reform Act (H.R.8873) out of the House of Representatives.

The bill clarifies the role of the Vice President of the United States in the vote certification process as purely ministerial, prevents states from submitting competing slates of electors, and raises the threshold for Members of Congress to object to electors to prevent frivolous objections.

"The future of our democracy is at stake, and Congress must act to ensure our elections are secure and that every American has access to the ballot box," said Rep. Stansbury. "Like so many New Mexicans, I watched in horror on January 6th as a violent mob invaded the U.S. Capitol and attempted to subvert our democratic process and as duly elected lawmakers voted to decertify the 2020 presidential election and the will of the people. Today, I was proud to vote to pass this important legislation and urge the Senate to pass this bill without delay alongside other critical bills to safeguard our democracy, including the Freedom to Vote Act and the John Lewis Voting Rights Advancement Act."

The Presidential Election Reform Act would reform and modernize the outdated 1887 Electoral Count Act to ensure that electoral votes tallied by Congress accurately reflect each state's public vote for President. It would replace ambiguous provisions of the 19th-century law with clear procedures that maintain appropriate state and federal roles in selecting the President and Vice President of the United States as set forth in the U.S. Constitution.

Key Provisions of the Presidential Election Reform Act include:

Single, Conclusive Slate of Electors. Includes a number of important reforms aimed at ensuring that Congress can identify a single, conclusive slate of electors from each state:

Identifies Official to Submit Slate. PERA sets a deadline by which governors must transmit their states' electoral appointments to Congress. If a governor fails to do so, or if he or she transmits inaccurate certificates of appointment, PERA authorizes candidates to obtain a federal court order requiring the governor to transmit the states' lawful certificate. If the governor refuses, then the court shall order another appropriate state official to issue the lawful certificate. The governor's certificate (or the certificate of the other state official, as the case may be) shall be conclusive for Congress' purposes at the electoral count.

Role of the Vice President. Affirmatively states that the constitutional role of the Vice President, as the presiding officer of the joint meeting of Congress, is solely ministerial and that he or she does not have any power to solely determine, accept, reject, or otherwise adjudicate disputes over electors.

Higher Objection Threshold. Raises the threshold to lodge an objection to electors to at least one-third of the duly chosen and sworn members of both the House of Representatives and the Senate. This change would reduce the likelihood of frivolous objections by ensuring that objections are broadly supported. Currently, only a single member of both chambers is needed to object to an elector or slate of electors.

Protection of Each State's Popular Vote. PERA requires states to conduct presidential elections under state laws as they exist prior to Election Day, which will clarify that there is no legal authority allowing state legislatures to "take back" their electoral appointment power after the election if they do not like the results. The Equal Protection and Due Process clauses of the United States Constitution prohibit election officials from willfully refusing to count ballots or certify elections in accordance with state election laws that exist on Election Day. PERA allows presidential candidates to seek federal injunctive relief against election officials to enforce these constitutional requirements in presidential elections if necessary.

Source