[On Jan 13] Committee on House Administration Chairperson Zoe Lofgren (D-Calif.) released a Committee Staff Report on the Electoral Count Act of 1887 (ECA).

The report, compiled over a months-long review, examines the ECA and argues it is badly in need of reform. Part I outlines the relevant constitutional text and summarizes past electoral counts, Part II describes the ECA, Part III proposes a series of reforms, and Part IV offers a brief conclusion.


“As the events leading up to the violent attack on the United States Capitol on January 6, 2021 demonstrated, the Electoral Count Act of 1887 is in dire need of reform. It is antiquated, incomplete, vague, and open to exploitation. To that end, the Committee on House Administration has been working diligently to craft reforms to the Electoral Count Act and is today releasing a Committee Staff Report on the subject.

“But to be clear – reforming the Electoral Count Act, necessary as it is, would not restrain the erosion of democracy or the dishonest efforts across the nation to diminish and impede the equal freedom to vote. It would not prevent the election misinformation and disinformation that continues to spread, fueling threats of violence against state and local election officials and workers. Nor would it ensure Americans can safely and freely cast their ballots so that every voice is heard, and our elections reflect the will of the people.

“Only by passing the Freedom to Vote: John R. Lewis Act can we turn back the rising tide of voter suppression and election sabotage. I applaud Senate Majority Leader Schumer and President Biden for rightly prioritizing this important bill, and Speaker Pelosi for passing it in the House. Reforming the Electoral Count Act is, by itself, no substitute for ensuring every American can cast their ballot freely, safely and equally in a democracy that works for all of us.”

Click here to view the Committee on House Administration Staff Report on the Electoral Count Act.