This chapter examines the historical backdrop of the Electoral Count Act, focusing on the contentious presidential election of 1876 that revealed deep political divisions. It traces the development of the act over 14 years, emphasizing its intent to streamline electoral vote counting and reduce congressional interference in state election disputes.
In this episode, we speak with Professor Stephen Siegel, a Professor of Law at DePaul University, about the Electoral Count Act, which sets the rules for Congress when it counts electoral votes. We explain what happens if there is just one slate and how Congress might resolve a controversy if there are competing slates of electors from one state.