Following months of bipartisan negotiations, lawmakers agreed on an important overhaul of the Electoral Count Act that will strengthen the system against future attacks and possible mischief. The challenge was figuring out how to pass it.
This week, Congress is expected to approve a $1.7 trillion omnibus spending package, and to the relief of reformers, the Electoral Count Act overhaul will be included in the legislation. It might pass the Senate as early as today.
Donald Trump, oddly enough, sees this as some kind of proof that some of his outlandish post-defeat claims were right.
In a trio of missives by way of his social media platform, the former president complained bitterly about what reality-based observers said about then-Vice President Mike Pence’s legal authority. “They said the Vice President has ‘absolutely no choice,’ it was carved in ‘steel,’” Trump wrote, “but if he has no choice, why are they changing the law saying he has no choice?” He added:
“Simply put, it is because the Vice President did have a choice…. In other words, John Eastman and others were correct in stating that the Vice President of the United States had the right to do what should have been done. The only reason this change is being promulgated is to reform The Electoral Count Act so that the VP cannot do what they powerfully said he couldn’t do, but if it couldn’t be done, why are they making this law change? The whole thing is one big Scam!”
It’s really not.
Let’s briefly review for those who may benefit from a refresher. When John Eastman, the highly controversial Republican lawyer on Trump’s team in the aftermath of the former president’s defeat, wrote an infamous memo intended to help overturn the 2020 results, his strategy focused on a specific task: exploiting ambiguities in the Electoral Count Act of 1887.
The law was passed in the aftermath of a brutally messy election controversy, and it was designed to establish a congressional process for certifying electoral votes. For generations, it was largely treated as a legal afterthought, if it was thought of at all.
All of that changed in dramatic fashion during the Trump era — or more specifically, as the Trump era came to a difficult end — when it became obvious that the antiquated law was in need of an overhaul to prevent future coup attempts.








