Opinion | Congress Can Forestall One other Jan. 6 Disaster

But this course of has develop into more and more controversial over the previous 20 years, by no means extra so than on Jan. 6, 2021, when sure members of Congress objected to the votes from Arizona and Pennsylvania. Deceptive interpretations of the legislation that governs the vote tally—the Electoral Depend Act of 1887—swirled, main some to demand that Vice President

Mike Pence,

whose function was merely to preside over the proceedings, reverse the outcomes. Fortunately, Mr. Pence upheld the rule of legislation and carried out his ministerial accountability.

Nowhere does the Structure give Congress or the vice chairman the authority to toss out election outcomes. However final 12 months’s occasions made clear that on this hyperpolarized time, the Electoral Depend Act is convoluted and ambiguous sufficient to be susceptible to abuse. A bipartisan group of senators is working to replace the legislation, which was cobbled collectively within the wake of the disputed 1876 election to stop—or settle—such disputes. This bipartisan momentum is promising.

One side of the act that’s ripe for exploitation is the availability permitting a state legislature to determine how to decide on electors if the state has in some way “failed to choose” on Election Day. Some have incorrectly recommended this obscure language means state lawmakers may use any variety of trumped-up excuses to override the need of the voters and unilaterally appoint electors of their selecting. To deal with this, Congress ought to narrowly outline the restricted circumstances—like pure disasters or terrorist assaults—below which a state might appoint electors after Election Day.

The legislation’s outdated, nineteenth century legalese should even be up to date to make clear the function of the vice chairman, and lift the edge for objections to counting electoral votes throughout the joint session of Congress.

An up to date Electoral Depend Act should additionally streamline the method for resolving election disputes nicely earlier than the joint session of Congress and make clear what occurs within the extraordinary scenario during which the Home and Senate disagree on whether or not to depend sure votes.

As former Senate majority leaders, we all know firsthand how onerous it’s to succeed in bipartisan settlement on necessary issues. However regardless of competing coverage agendas, Democrats and Republicans largely agree that the Electoral Depend Act got here dangerously near failing and plunging the nation into disaster final January. This 12 months is the time to repair it, earlier than the 2024 marketing campaign begins.

Congress can bolster our constitutional safeguards and shield the integrity of free and truthful elections. Lawmakers ought to act now to safe the depend for good.

Mr. Daschle, a South Dakota Democrat, served as Senate majority chief, 2001-03. Mr. Lott, a Mississippi Republican, served as Senate majority chief, 1996-2001. They’re members of the ReFormers Caucus, a bipartisan mission of Problem One.