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Tell Your Senators to Please Fix the Electoral Count Act Now
After the failed Freedom to Vote: John R. Lewis Act vote of January 19th, 2022, attention in the Senate has moved to an effort to modernize or overhaul the Electoral Count Act (ECA).
This revised act would update, tighten and clarify the Electoral Count Act (ECA) of 1887, which has long provided the framework governing the casting and counting of electoral votes for the presidency, including the role of Congress and the vice president.
Reforming the ambiguous 1887 ECA would avert much of the chaos and misinformation prevalent following the 2020 election, as evidenced in the January 6 Hearings.
This act currently has bipartisan collaboration among at least 17 Senators who are working to update it. It must move forward quickly while it has bipartisan support. Please join with Unitarian Universalists for Social Justice in underscoring for the Senate that the right to vote is fundamental to our democracy, and we need to be confident in our election results.
Background:
The U.S. Constitution provides little guidance regarding certifying and conveying votes in the states, which led to a crisis following the election of 1876 and the enactment of the ECA in 1887. The ECA as enacted in 1887, contains numerous ambiguous provisions that partisans may try to exploit, as we saw in the runup to the January 6 insurrection.
Some tried to claim that the ECA empowers the Vice President to reject electors certified by a State. Others argued, based on allegations rejected by numerous courts, that there had been a “failure” to properly choose electors in certain states, allegedly empowering those state legislatures to choose new slates. Attempts to use the ambiguous language of the ECA to reverse presidential election results are a dire threat to our democracy. Congress should act now to update and clarify the ECA to prevent future attacks on our democratic process.
UU Grounding:
Our 5th UU Principle, “The right of conscience and the use of the democratic process within our congregations and in society at large” compels us to advocate for a healthy, inclusive democratic process in which all parties respect the results of elections.
Suggested Talking Points
(use your own examples, tell your story, and/or draw on some of these suggested points)
There is agreement that the ECA needs to be updated and clarified. Ambiguities in this 1867 statute may be exploited by members of the losing party in future presidential elections.
Sample Letter to Your Senators
(NOTE: this is only a sample letter. It will make a difference if you use your own words. Speak from your heart.)
Dear Senator:
I’m a Unitarian Universalist and supporter of the Unitarian Universalists for Social Justice. Our faith calls for respecting the right of conscience and using the democratic process within our congregations and in society at large. This compels me to advocate for a healthy, inclusive democratic process.
[Important: Support the message with a personal experience or concern relating to elections and voting.]
I urge you to take action in this 117th Congress to update the Electoral Count Act of 1887 (ECA) to establish clear and fair procedures for the counting and certification of electoral votes for the presidency. To avoid the chaos that resulted when Congress gathered on Jan. 6, 2021, to count electoral votes, Congress must clarify the Act in the following ways:
I look forward to hearing about your plans to ensure the passage of the revised ECA
The revised Electoral Count Act would update, tighten and clarify the Electoral Count Act (ECA) of 1887, which has long provided the framework governing the casting and counting of electoral votes for the presidency, including the role of Congress and the vice president.
Reforming the ambiguous 1887 ECA would avert much of the chaos and misinformation prevalent following the 2020 election, as evidenced in the January 6 Hearings.
This act currently has bipartisan collaboration among at least 17 Senators working on updating it. It must move forward quickly while it has bipartisan support. Please join with Unitarian Universalists for Social Justice in underscoring for the Senate that the right to vote is fundamental to our democracy, and we need to be confident in our election results.
UUSJ has been the leader for a national UU advocacy movement in Washington, DC., and will continue our efforts, acting from:
UUSJ has been the leader for a national UU advocacy movement in Washington, DC., and will continue our efforts, acting from: