Passing Electoral Count Act Reform

Floor Speech

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Mr. GARAMENDI. Mr. Speaker, I rise today to sound the alarm that the 117th Congress and, indeed, this body is on track to surrender its last chance to safeguard American democracy.

It has been 1,045 days since this Capitol, this very building, this very Congress, was attacked on January 6, 2021, in a violent insurrection orchestrated by President Trump in an attempt to stop the transfer of power to the legitimate winner of the 2020 election.

Former President Trump tried to use violence and the flaws of the 1887 Electoral Count Act to overcome his loss in the 2020 election. That was 1,045 days ago.

By contrast, there are less than 20 days during which this Congress can still pass legislation to reform, amend, and clarify the 1887 Electoral Count Act and ensure that events like January 6 never happen again.

We must act. We cannot fail. Former President Trump has set the stage for his supporters to use the flaws in the 1887 law to put aside the electors that reflect the will of the voters in key States and, instead, send forward electors loyal to Trump.

In 135 years since the Electoral Count Act of 1887's enactment, the United States was fortunate to experience continuous, peaceful elections and transfer of power. Former President Trump shattered that cherished norm on January 6.

My colleagues, the fact that we came back into the House Chamber to formally confirm the 2020 electoral college count, despite the violent threats made against our lives, is a source of immense pride not only to us but to America.

We now know that the previous transfers of power took place despite the law and its failings, not because of it.

Tragically, President Trump and his antidemocratic allies' efforts to exploit the loopholes in the Electoral Count Act did not end on that infamous day. Over the last 2 years, unscrupulous MAGA Republican officials have been carrying out a deliberate and coordinated plan to build on the big lie by enacting State laws that allow partisan lawmakers to reject the will of the voters and undermine American democracy.

During the recent 2022 midterm election, 170 of Trump's endorsed election-denying candidates running for Congress and critical State offices have been projected to win their races.

Finally, last night, we watched former President Trump carry out the next step in his plan by formally declaring his candidacy for Presidency in 2024.

The stage is now set for these actors to once again exploit the ambiguities of the Electoral Count Act as early as 2024.

These dangerous actions have already undercut public trust in our electoral system and their elected officials. If left unaddressed, they could prove catastrophic and bring about an end to America's 245 years of democratic tradition.

Congress must now reform the outdated 1887 law to ensure that no State legislature controlled by any party can subvert a Presidential election by ignoring the will of the voters in that State.

Fortunately, the House recently passed the Presidential Election Reform Act, which would significantly improve the Electoral Count Act. I applaud Chairwoman Zoe Lofgren of the House Administration Committee and Ranking Member Liz Cheney, who brought the legislation forward.

Additionally, the U.S. Senate Committee on Rules and Administration recently marked up the Electoral Count Reform Act, a competing proposal.

I call upon my colleagues in the key committees to promptly bring forward compromise legislation that we can enact into law.

Democracy is fragile, and it is our responsibility to protect it. Americans have upheld this responsibility for more than two centuries of challenges and adversities. If we fail to seize this opportunity to fix the broken Electoral Count Act, I fear that our democratic system will not get another chance.

Congress has waited 1,045 days, and there are only 20 remaining. Time is running out.

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