On February 1, Sens. Dick Durbin (D-Ill.), Angus King (I-Maine) and Amy Klobuchar (D-Minn.) released draft legislation to reform the Electoral Count Act of 1887 and clarify Congress’ role in tallying electoral votes and certifying presidential elections. The Electoral Count Modernization Act draft bill would specifically:

• Ensure states appoint electors under state laws enacted prior to Election Day, move back the deadline for making a final determination on the appointment of electors to December 20, and clarify that the state’s governor must certify the names of electors for presidential elections


• Clarify that the Vice President has no role in the counting of electoral votes and require the president pro tempore of the U.S. Senate to preside over the joint session of Congress to count electoral votes


• Provide narrow ground for Congress to object to electors and raise the threshold to both debate and vote on an objection and to sustain an objection

The draft bill from Sens. Durbin, King and Klobuchar was released as a separate group of bipartisan Senators, led by Sens. Joe Manchin (D-W.Va.) and Susan Collins (R-Maine), continue negotiations on broader bipartisan election reform legislation, which is expected to include a separate Electoral Count Act reform proposal. We also expect the broader bipartisan bill to include additional funding for the Election Assistance Commission (EAC), expanded protections for election workers and voting rights reforms.

Counties serve as the nation’s primary administrators of federal elections. NACo will continue to monitor this legislation and the ongoing bipartisan negotiations and work to ensure county priorities are included in any federal election reform legislation.