Congressman Higgins Announces Approval of the Presidential Election Reform Act

Press Release

Congressman Brian Higgins (NY-26) announced the approval of the Presidential Election Reform Act (H.R.8873). In response to challenges to the results of the 2020 presidential election on January 6, 2021, this legislation updates the 1887 Electoral Count Act to address how Congress and states certify the results of presidential and vice-presidential elections.

"The events that took place on January 6, 2021, signal that our democracy is at risk. The concept of our democratic system and free and fair elections only exist if we are willing to accept the results regardless of the outcome and respect the peaceful transfer of power," said Congressman Higgins. "This legislation makes critical reforms to our electoral certification process to ensure that the leader of our country is chosen by the will of the people without being obstructed by those who do not favor the outcome. We must continue working to rebuild trust in our democratic process and this is important step forward."

On January 6, 2021, when Congress met to count electoral votes and certify the results of the 2020 presidential election, several Republicans sought to use the 1887 Electoral Count Act to obstruct the formal certification of President Joe Biden's victory. The Presidential Election Reform Act (PERA) amends this law to ensure that Congress counts electoral votes as required by the Constitution. The reforms included do not benefit either political party.

The Presidential Election Reform Act enacts clear and comprehensive counting rules including critical reforms that reaffirm the Vice President's role during the counting process as ministerial, raises the objection threshold to one third of each house from just a single member, and lists the explicit Constitutional grounds upon which Members of Congress may object to a state's electoral votes.

The measure also includes key provisions to ensure that Congress receives a single accurate certification from each state. It sets December 14 as the deadline by which governors must certify and submit their state's electors to Congress and December 23 as the designated day for each Electoral College to meet. The bill also clarifies that there is no legal authority allowing states to take back electoral appointments after the election if they do not favor the results.

Additionally, this legislation prevents election officials from refusing to certify the results of presidential elections. The Equal Protection and Due Process clauses in the Constitution prohibit election officials from willfully refusing to count ballots or certify elections in accordance with state election laws that exist on Election Day. Under this measure, presidential candidates can seek a federal injunction against election officials to enforce these constitutional requirements.

Source