In light of the aftermath of the 2020 presidential election, in which some urged Congress and the Vice President to set aside the electoral vote slates certified by various states, Congress has been looking into revamping the Electoral Count Act of 1887, which lays out procedures for how the count is to be conducted before a joint session of Congress. Cato scholars have participated actively in the resulting public discussion. Here is a selection of their output:
- Robert A. Levy, “Presidential Elections: A Primer” (Dec. 18, 2020)
- Thomas A. Berry, “GOP Senators’ Electoral College Stunt Is a Dead End” (National Review Online, Jan. 5, 2021)
- Walter Olson, “Congress Should Clarify The Electoral Count Act Of 1887” (Jun. 29, 2021; related earlier Mar. 22, 2021)
- Walter Olson, “Protecting Our Electoral Institutions” (The Dispatch, Jul. 13, 2021); related blog post, July 19, 2021)
- Walter Olson, “In Final Weeks, Trump White House Searched For Excuses To Overturn Election Results” (Dec. 13, 2021)
- Andy Craig, “Republicans Should Support Electoral Count Act Reform” (Dec. 15, 2021)
- Andy Craig, “Bipartisan Momentum Builds for Fixing the Electoral Count Act” (Jan. 5, 2022)
- Andy Craig, “The Attack on the Capitol, One Year Later” (Jan. 6, 2022)
- Andy Craig, “What Changes Should Be Made to the Electoral Count Act?” (Jan. 12, 2022)
- Walter Olson and Caleb Brown, “How To Fix the Electoral Count Act” (Cato Daily Podcast, Jan. 20, 2022)
- Thomas A. Berry and Andy Craig, “House Committee Issues Report on Electoral Count Act Reform” (Jan. 21, 2022)
- Andy Craig, “Reviewing the Proposed Electoral Count Modernization Act” (Feb. 1, 2022)
- Thomas A. Berry, “The Electoral Count Act and Presidential Ineligibility” (Feb. 3, 2022)
- Andy Craig, “Trump’s Fake Electors and the Electoral Count Act” (Feb. 3, 2022)
- Andy Craig, “Rogue Governors, State Legislatures, and the Electoral Count Act” (Feb. 8, 2022)
- Thomas A. Berry, Andy Craig, and Caleb Brown, “The Electoral Count Act and the 20th Amendment” (Cato Daily Podcast, Feb. 10, 2022)
- Walter Olson, “A Flawed Letter Opposing Electoral Count Act Reform” (Feb. 12, 2022)
- Andy Craig, “Electoral Count Act Reform Is Not a Backdoor for Dem Voting Bills” (Feb. 18, 2022)
- Thomas A. Berry, “The Legitimate Role of Congress in the Electoral Count” (Cato Briefing Paper #135, Feb. 22, 2022)
- Thomas A. Berry, “Yes, the Electoral Count Act Is Constitutional” (Feb. 22, 2022)
- Andy Craig, “Should Electoral Count Act Reform Cut Congress Out Altogether?” (Mar. 9, 2022)
An up‐to‐date and even fuller list can be found here.