The peaceful transfer of power is a hallmark of American democracy that sets the United States apart — the so-called north star of our electoral system. Yet the attack on the U.S. Capitol on January 6, 2021 challenged that tradition profoundly. In the lead-up to this November, we answer the question that is on the minds of many voters: Will the months after this presidential election look like the aftermath of the last one?

Fortunately, lawmakers who were caught in the eye of that storm seized the opportunity to make updates to our election laws that were, by some accounts, about 150 years overdue. In 2021, Congress passed the bipartisan Electoral Count Reform Act, or ECRA, in an effort to curtail the tactics that bad actors could use to exploit the Electoral College and to define and streamline the procedures by which states count and certify election results.

Catie Kelley of CLC joins us to explain how an otherwise deeply divided Congress pulled together to pass this important law, and why the passage of this new law will help ensure that this presidential election goes much more smoothly than the last one.

Host and Guests:

Simone Leeper litigates a wide range of redistricting-related cases at CLC, challenging gerrymanders and advocating for election systems that guarantee all voters an equal opportunity to influence our democracy. Prior to arriving at CLC, Simone was a law clerk in the office of Senator Ed Markey and at the Library of Congress, Office of General Counsel. She received her J.D. cum laude from Georgetown University Law Center in 2019 and a bachelor’s degree in political science from Columbia University in 2016.

Catie Kelley is Senior Director for Policy & Strategic Partnerships at Campaign Legal Center. Previously, Catie built and ran CLC's state campaign finance program. In that capacity, she worked with state and local stakeholders and policymakers to advance innovative policies designed to decrease the influence of money in the political process. She began her legal career in the Federal Election Commission's Office of General Counsel. 

Links:

We Voted, Now What? How the President is Elected - Campaign Legal Center

Electing the President: From Election Day to the Joint Session - Campaign Legal Center

Enactments Relating to the Electoral Count Reform Act - National Conference of State Legislatures

Congress Passes ECRA to ward off another Jan 6th - NPR

Electoral Count Reform Act Makes It Harder to Undermine Presidential Elections - Campaign Legal Center

Congress Takes Historic Action to Update the Electoral Count Act - Campaign Legal Center

What the Electoral Count Reform Act Means for States - Campaign Legal Center

States Enact Important Legislation to Update Election Laws Ahead of Presidential Election - Campaign Legal Center

Bipartisan Arizona Law Makes Crucial Updates to Presidential Election Deadlines - Campaign Legal Center

About CLC:

Democracy Decoded is a production of Campaign Legal Center, a nonpartisan nonprofit organization which advances democracy through law at the federal, state and local levels, fighting for every American’s right to responsive government and a fair opportunity to participate in and affect the democratic process. Learn more about us.

Democracy Decoded is part of The Democracy Group, a network of podcasts that examines what’s broken in our democracy and how we can work together to fix it.