The Electoral Count Act of 1887 is showing its age
Concerned about potential problems during the next election when Congress counts presidential votes, some legislators are interested in reforming the federal law that governs that process, the Electoral Count Act.
Reforming the act, which sets the procedures for how votes for president are counted in the Electoral College, means identifying what it’s supposed to do, the areas that need reform and any other problems with it.
As a scholar of election law, I recognize that presidential elections in the United States are complicated. Voters do not directly elect the president. After Election Day, and based on the popular vote, each state chooses presidential electors who formally meet and cast votes for president that are then relayed to Congress. There are 538 electoral votes, and after Congress counts them and verifies that one candidate has received a majority – at least 270 – the winner of the presidential election is declared.