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The Electoral Count Act Is Unconstitutional; Congress Should Stop Wasting Time Reforming It

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The Electoral Count Act Is Unconstitutional; Congress Should Stop Wasting Time Reforming It
Vice President Mike Pence and House Speaker Nancy Pelosi (D-Calif.) preside over a joint session of Congress to certify the 2020 Electoral College results in Washington on Jan. 6, 2020. Erin Schaff/Pool/AFP via Getty Images
Rob Natelson
|Updated:
Commentary
A bipartisan group in Congress is dedicating time to reforming the Electoral Count Act. The Electoral Count Act is the statute purporting to govern how Congress counts electoral votes for president and vice president (pdf).
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Rob Natelson
Rob Natelson
Author
Robert G. Natelson, a former constitutional law professor, is Senior Fellow in Constitutional Jurisprudence at the Mountain States Policy Center and the Independence Institute. He authored “The Original Constitution” (4th ed., 2025) and is a contributor to the Heritage Foundation’s “Heritage Guide to the Constitution.”
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