New reports show Donald Trump received memos and a power point presentation laying out plans to overturn the result of the 2020 election -- and many of them relied upon using fraudulent maneuvers under a 140-year-old law called the Electoral Count Act.1
If this law isn't fixed, argues Barton Gellman in an explosive article just published in the Atlantic, "the next attempt to overthrow a national election may not qualify as a coup." Rather, the loser of the next presidential contest could be certified as the president-elect.2
Congress must act quickly to fix the Electoral Count Act to protect our democracy from Trump and far right insurrectionists. Click here if you agree.
Thanks to a memo written by Trump lawyer John Eastman, we know that Donald Trump's lawyers outlined this path to overturning an election back in January 2021.3 The reality is that Trump may have been just days away from convincing a few state legislatures to take his side and try to overturn the results of the 2020 election.
Efforts to exploit the Electoral Count Act were crucial to their strategy. Unless Congress adopts badly-needed reforms to clarify the process and make it harder to undermine a democratic election, the far right is all but sure to try for a repeat.
Sign the petition: Tell Congress we need legislation reforming the Electoral Count Act immediately!
Trump's plan to overturn the 2020 election rested on the absurd idea that a state legislature could choose electors after citizens have cast their votes, effectively allowing the legislature to override the will of the people.
If Trump had gotten GOP legislatures in at least three states to repudiate the election results and substitute presidential electors for Trump—then get Congress' approval, and maybe the Supreme Court's, too—he might've won. It's a huge stretch, and totally illegal.
But reforming the Electoral Count Act can help shut down this pathway, and help insulate us from another attempt to contest a legitimate election.
The Congressional committee responsible for investigating the events of January 6th is reportedly working on recommendations for legislation reforming the Electoral Count Act right now.4 It's essential that the committee introduce strong and clear legislation, and that Congress pass it as soon as possible. We can't risk another attack on our democracy.
Sign the petition: The Select Committee on January 6th should introduce legislation reforming the Electoral Count Act of 1887 as soon as possible!
Sources:
1. Politico, "Trump campaign lawyer authored two memos claiming Pence could halt Biden's victory," December 10, 2021.
2. The Atlantic, "How Donald Trump Could Subvert the 2024 Election," December 6, 2021.
3. CNN, "Trump lawyer's memo on six-step plan for Pence to overturn the election," September 21, 2021.
4. The New York Times, "Fearing a Repeat of Jan. 6, Congress Eyes Changes to Electoral Count Law," December 4, 2021.