5min chapter

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The Senate's Proposal for Electoral Count Act Reform

The Lawfare Podcast

CHAPTER

I Think It's a Welcome Revision That Removes Ambiguities on Thatdd

Ned: I think the bill removes ambiguities on thatdd. It doesn't just create a kind of preference. So it's not like congress gets to choose between two with a presumption in favor of one. The law actually locks in, there's one valid submission, here's how to identify it, and everything else is just not cognizable. And this marries also an express recognition of the role that state courts might be playing against the backdrop of the certification by state executive officials.

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