Costa votes to Reform the Electoral Count Act

Press Release

Congressman Jim Costa (CA-16) released the following statement after the House passed H.R. 8873 - Presidential Election Reform Act, critical legislation that would reform the Electoral Count Act of 1887, and strengthen the integrity of future presidential elections.

"January 6, 2021 was a dark day for our democracy, and we must ensure nothing like it happens again. Having been one of the members trapped inside the chamber during the electoral count, I saw the dangerous mob try to overturn a free and fair election," said Costa. "That is why I voted to pass this bipartisan legislation that will enact much-needed reforms to protect the vote of the American people and ensure a peaceful transfer of power. We must uphold the rule of law and protect our democracy for future generations to come."

The Electoral Count Act of 1887 governs the process within the constitution of the United States of casting and counting Electoral College votes for president and vice president. The attack on the U.S. Capitol on January 6, 2021, revealed weaknesses in the statute that need reform. This includes antiquated language that fails to offer clear guidance on the process of counting electoral votes and resolving disputes.

The Presidential Election Reform Act would affirm clear, comprehensive provisions that include the following:

New Counting Rules: Reaffirms that the Vice President's role during the count by Congress is purely ministerial, and it raises the objection threshold to one-third of each chamber.

Ensures Accurate Certificate from each State: Sets a deadline for governors to transmit their states' electoral appointments to Congress.

State Law Enacted Prior to Election Day: Clarifies that there is no legal authority for state legislatures to rescind their electoral appointment after an election when their results are not favorable.

Election Extensions for Emergencies: Amends the Electoral Count Act's "failed elections" provision to ensure the Presidential election period can only be extended in a state, if a federal judge deems that there was a catastrophe like a natural disaster or serious disruptions to the election.

Prohibits Obstruction of Election Results: Allows candidates to seek federal injunctive relief against election officials

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