A major legislative initiative that will help avert the possibility of another January 6, at least on the legislative side, is set for approval by Congress this week.
The effort includes substantial reforms to the procedures under which Congress certifies the outcomes of presidential elections. The measures are attached to a sweeping spending package funding at least much of the federal government through the rest of this fiscal year, meaning a lot of future negotiations would have a deadline of late in the next calendar year. A high-profile part of the certification reforms is a significant increase to the number of Representatives and Senators required for an objection to certain electoral votes to move to debate and a vote. Under current rules, just a member from both chambers is needed, but enacting the change will raise that level to one-fifth of both chambers. A version previously passed in the House had a higher increase, bringing the support required for an objection to one-third of each chamber.
The legislation will likely be signed by the end of the week, since previously approved government funding will end soon. Senate Minority Leader Sen. Mitch McConnell (R-Ky.) already provided his at least mostly certain support for the broader package, and he has also supported the reforms to the procedures governing the tabulation and certification of electoral votes, which indicates the support from more traditional Republicans necessary for passage in the Senate is likely. The updates to post-election procedures also clarify the solely procedural role of the vice president in the certification proceedings in Congress and undo prior rules under which state legislators could undo the results of a so-called failed election — a concept never fully defined in law or legal precedent but that could pose a problem in an era of far-right activists looking for basically whatever they can use.
Even Sen. Rand Paul (R-Ky.) has expressed support for the changes to finalizing the presidential election outcome, so with both traditional and more fringe Republican support, passage seems likely. Sens. Susan Collins (R-Maine) and Joe Manchin (D-W.Va.) reportedly helped lead negotiations preceding Senate reforms to the Electoral Count Act arriving. The past House version was shepherded by Reps. Zoe Lofgren (D-Calif.) and Liz Cheney (R-Wyo.).
About a dozen House Republicans, including prominent names like Matt Gaetz and Andy Biggs, recently signed a letter pledging opposition to the legislative priorities of any Republican Senator who supports the broader government funding bill in which the post-election reforms are included, and Kevin McCarthy, who could be the next Speaker, expressed support for the letter, suggesting a potential clash between Republicans in each chamber when the party takes control in the House in January while remaining the Senate minority.
