2min chapter

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An Update on Electoral Count Act Reform

The Lawfare Podcast

CHAPTER

House Bill and Senate Bill - What's the Difference?

The Senate and House versions of this legislation are largely the same. John Viv: There's a normative value in what we saw as in the last election. And so really putting tight rules around what's appropriate for members of Congress to do or not do is important, he says.

00:00
Speaker 4
I think that's important for a few reasons. One is just sort of raining in the process, of course. And like I said earlier, making sure that
Speaker 3
Congress is sort of within the confines of its appropriate constitutional role and the state's role is respected as well. I
Speaker 4
also think there's a normative value in what we saw as in
Speaker 3
the last election. And some before are
Speaker 4
just different takes in confusion about the appropriate role of Congress and others in second
Speaker 3
guessing what states have done. And it certainly, I think it has an effect in terms of the spread of information or disinformation and
Speaker 4
the understanding among the American public about what's happened in the election. And so really
Speaker 3
putting tight rules around what's appropriate for members of Congress to do or not do and the appropriate grounds for objection. And therefore it's appropriate role. I think has a real normative value as well.
Speaker 5
So
Speaker 2
we've gotten through the Senate bill and I want to go on and talk about the significance of this legislation, where it goes next. But I do think we need to spend a few moments talking about the House bill. John Viv, can you give us a quick sense about what are the differences? What are the things that the House bill would do different? And some of the logic behind that is it's simply a different approach. They've settled on different thresholds where there's a variety of potentially right answers or are there real substantive differences between the two chambers versions of this legislation? Yeah.
Speaker 4
Well, let me start just quickly with what they have in common. I mean, I think at a high level, the
Speaker 3
sort of intent and general effect of the Senate and House bills is largely the same. There are some differences in the details. Whether they're small or large, it's a little bit in the eye of the beholder, I guess. But just to tick through a couple of, for example, the House bill would set the threshold for members of Congress to lodge objections at one third rather than one fifth. So it's just that much harder.

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