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The Electoral Count Act of 1887: Trump’s Hail Mary
As the world has turned the page on 2020, America is finding itself held back by a president who refuses to accept his loss in the presidential election, and elected officials who are determined to win at all costs.
This week, on January 6th, Congress will meet in a joint session to count the votes from the electoral college. This is the last bit of housekeeping before Biden is sworn in as president on January 20th. For ardent Trump supporters who serve in Congress, January 6th is their last chance to overturn the election and deliver Trump the win he wants so badly. But it will all come down to the Electoral Count Act of 1887.
The Electoral Count Act of 1887 (ECA) is a federal law which establishes procedures for the counting of electoral votes by Congress following a presidential election. The ECA was created after the 1876 presidential election, between Rutherford Hayes and Samuel Tilden, which exposed serious flaws with the process of resolving election disputes.
Adopted eleven years after the 1876 election, the Electoral Count Act of 1887 outlines the requirements, deadlines, and objection procedures of presidential elections in seven sections. Under the ECA, objecting electoral votes requires a written objection and must be signed by one Senator and one House member. An objection “shall state clearly…
