School of Law, Public Law Research Paper No. Those votes are actually unsealed and counted on Jan 06, 2020 by VP Pence (acting as President of the senate) in front of the house and senate. It also provides rules and procedures to govern objections and disputes when they arise. Count on it. 40 Pages Posted: 2 Mar 2021. L. 49–90, 24 Stat. Act Creating an Electoral Commission, January 29, 1877. The Electoral Count Act of 1887 was designed to answer that question. The ECA is the source of the procedures described in the routine electoral vote count. §§ 5-6, 15-18. Congress shall be in session on the sixth day of January succeeding every meeting of the electors. Jack Beermann and Gary Lawson * Abstract: In this essay, and in light of the controversy that arose in the wake of the 2020 presidential election, we explain the constitutional process for counting electoral votes. 373, later codified at Title 3, Chapter 1) is a United States federal law adding to procedures set out in the Constitution of the United States for the counting of electoral votes following a presidential election. the Electoral Count Act of 1887, 56 Fla. L. Rev. Congress attempted to cure those difficulties in the Electoral Count Act of 1887. Vice-President, and to provide for and regulate the counting of the votes for Presi- dent and Vice-President, and the decision of questions arising thereon. As I understand it what happened today is; sealed votes were handed in. Rutherford B. Hayes won the controversial 1876 fight over Samuel Tilden by just one electoral vote. electoral count act of 1887 | The Electoral Count Act of 1887 gives the final say to governors — the electors they certify are entitled to the presumption of legitimacy. 541, 551-53 (2004) (Conscientious Congressman’s Guide ) (describing historical understanding of electoral vote counting). NOBODY knows who the votes are cast for. AN ACT to provide for and regulate the counting of votes for President and Vice President, and the decision of questions arising thereon, for the term commencing March fourth, anno Domini eighteen hundred and seventy-seven. Those votes are actually unsealed and counted on Jan 06, 2020 by VP Pence (acting as President of the senate) in front of the house and senate. So I did a little research and what transpired today revolves around the Electoral Count Act of 1887. 1887. The Electoral Count Act of 1887 gives the final say to governors — the electors they certify are entitled to the presumption of legitimacy. A new study by Jack Michael Beermann and Gary Lawson revisits the Electoral Count Act of 1887, arguing it was unconstitutional as well as revealing other fun facts. The U.S. Constitution and the 1887 Electoral Count Act govern the counting of electoral votes and any related disputes. Trump has exhausted many resources, time, and tweets on this election. 373, establishes the process in Congress by which the Electoral College votes are counted to elect a president every four years in the United States.. First a correction: The Electoral Count Act was from 1887, not 1877 — it took more than 10 years to try to repair the Election of 1876. Boston University School of Law. 90. -An act to fix the day for the meeting of the electors of President and Feb. 3, 1887. Trump won't stay president if he loses the 2020 election. The Electoral Count Act was written to avoid the backlash of letting members of Congress contest election certificates. But that act is what will govern our process for determining who becomes President, if the result is contested in particular ways. The answers to these questions, to a large extent, are contained in the Electoral Count Act of 1887, codified at 3 U.S.C. Under this law, now codified in 3 U.S.C. “The Electoral Count Mess: The Electoral Count Act of 1887 Is Unconstitutional, and Other Fun Facts (Plus a Few Random Academic Speculations) about Counting Electoral Votes” Posted on March 4, 2021 6:38 am by Rick Hasen. Abstract. Electoral Commission (1877); United States. “The meeting of the Senate and House of Representatives to be held in January 2013 pursuant to section 15 of title 3, United States Code, to count the electoral votes for President and Vice President cast by the electors in December 2012 shall be held on January 4, 2013 (rather than on the date specified in the first sentence of that section).” (You can read the currently operative section of US Code it created here .) Boston Univ. The election dispute gave rise to a constitutional crisis: ... the 49th Congress passed the Electoral Count Act in 1887. Hope we do better in 2021. The 1887 Electoral Count Act was designed to take the pressure off Washington, DC, and let the states settle any disputes related to elections. That’s a lot of legal precedent. 541,547–50(2004). See all articles by Jack Michael Beermann Jack Michael Beermann. Among other provisions, this law provides that when there are rival sets of electors appointed by a state, a majority in both the U.S. House of Representatives and the U.S. Senate may … The Electoral Count Act of 1887 was the result: it provides a presumption of legitimacy to states that have a legal process for guaranteeing election results set in place before election day, while allowing members of Congress to challenge a state’s votes if a House member and senator make the challenge in writing. 90. Section 5 makesstates’ determinationsas to their electors, During that session, the President of the Senate calls for objections on the Itisthese dispute-resolutionproceduresthat Plaintiffschallengeinthiscase. It establishes: The Electoral Count Mess: The Electoral Count Act of 1887 Is Unconstitutional, and Other Fun Facts (Plus a Few Random Academic Speculations) about Counting Electoral Votes. Gary Lawson. Boston University School of Law. In my first . 373 CHAP. The consequences of ignoring the Electoral Count Act of 1887 ; Democrats Are Ignoring the Voters Who Could Decide This Election ; Don't ignore Trump's election mischief. The Electoral Count Act of 1887 ( Pub. This one-hundred-and-thirty-three-year-old act has been roundly scorned by scholars as almost unintelligible. The Electoral Count Act of 1887 bars Mike Pence or any other vice president from arbitrarily deciding to reject state votes during the congressional certification of … Jack Michael Beerman and Gary Lawson have posted this draft on SSRN. The 1887 Electoral Count Act was designed to take the pressure off Washington, DC, and let the states settle any disputes related to elections. See all articles by Jack Michael Beermann Jack Michael Beermann. So I did a little research and what transpired today revolves around the Electoral Count Act of 1887. During the 2000 presidential election dispute, for example, politicians, lawyers, commentators, and Supreme Court justices seemed prone to misstate or misinterpret the provisions of the law, even those that were clear to the generation that wrote it. The Electoral Count Act of 1887 has become a spectacle of the 2020 presidential election, and regardless of how many tweets Trump sends or Republican officials who have taken on the futile task of tilting at windmills, Trump will find himself in the company of other one-term presidents. This record, coupled with disputes over the electoral count in 1877, provided the impetus for codifying procedure in the 1887 law. The Electoral Count Act of 1887 3 U.S. Code § 15 - Counting electoral votes in Congress . 41 Pages Posted: 2 Mar 2021 Last revised: 11 Mar 2021. In this essay, and in light of the controversy that arose in the wake of the 2020 presidential election, we explain the constitutional process for counting electoral votes. The Electoral Count Act of 1887, which governs Congress's electoral vote counting process, lies at the heart of this confusion. 21-07 . As I understand it what happened today is; sealed votes were handed in. The Electoral Count Mess: The Electoral Count Act of 1887 Is Unconstitutional, and Other Fun Facts (Plus a Few Random Academic Speculations) about Counting Electoral Votes . The Electoral Count Mess: The Electoral Count Act of 1887 Is Unconstitutional, and Other Fun Facts (Plus a Few Random Academic Speculations) about Counting Electoral Votes . Here is the abstract: In this essay, and in light of the controversy that arose in the wake of the 2020 presidential election, we explain the constitutional process for counting electoral votes. Precedents that pre-date the 1887 act may be primarily of historical significance, particularly to the extent that they are inconsistent with express provisions of the 1887 act, as amended. 49–90, 24 Stat. Coming a decade after the disputed 1876 presidential election, the Electoral Count Act established procedures for the counting of electoral votes. B. NOBODY knows who the votes are cast for. The result was the Electoral Count Act of 1887, later amended in 1948. Electoral Count Act of 1887, Pub.L. Date Written: March 1, 2021. Electoral count of 1877 Proceedings of the Electoral commission and of the two houses of Congress in joint meeting relative to the count of electoral votes cast December 6, 1876, for the presidential term commencing March 4, 1877 by United States. The Electoral Count Act has been used to certify every Presidential election since its passage 133 years ago. Boston University School of … The Electoral Count Act, informed by the Hayes-Tilden dispute of 1876,. Electoral Commission Act. I’m working with Professor Pildes and others to try not to forget the high risks of 2020, but to act on electoral reform in 2021 rather than to wait for the next 20-100 years crisis.
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