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An Update on Electoral Count Act Reform

The Lawfare Podcast

CHAPTER

What's So Dangerous About the Electoral Count Act?

Under the current law, a governor's submission doesn't function as the tiebreaker. Both chambers of Congress have to accept as valid the submission that is determined to be correct according to judicial decree. The idea here is that there's only one true submission, but if the governor insists on sending a piece of paper that has no basis in reality, it's not entitled to be considered authoritative.

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