Memories of the chaos and violence that disrupted the electoral count in Congress four years ago are still fresh for many on Capitol Hill, but a new law enacted in 2022 has overhauled the process to make it much more difficult to upend the certification.
Following the Jan. 6, 2021, debacle, Congress updated the Electoral Count Act, the antiquated law that then-President Donald J. Trump and his allies tried to exploit to overturn the 2020 election results. Today, the proceedings will be governed by that new law, which raises the threshold for objections to states’ electoral votes and clarifies that the vice president may not unilaterally overrule them.
Democrats have said that they do not question the 2024 results, and no serious effort to block the election certification is expected.
But even if they did, lawmakers who feared a repeat of 2021 have moved to thwart any future attempt to do so. One central element of the new law designates the role of the vice president in the process as “solely ministerial,” after Mr. Trump unsuccessfully tried to persuade his vice president, Mike Pence, to reject some state results. Mr. Pence and his advisers argued that he had no constitutional authority to do so, something that the new law makes explicit.
The vice president, it says, “shall have no power to solely determine, accept, reject, or otherwise adjudicate or resolve disputes over the proper certificate of ascertainment of appointment of electors, the validity of electors, or the votes of electors.”
The new law also raised the threshold for members of Congress to object to a state’s electoral count, from a single member to at least one-fifth of the members of both the House and Senate. That provision was meant to deter frivolous objections that have been raised by members of both parties over the years with little evidence to back up claims of impropriety in the election or the electoral tabulation. And it limits the ground for such challenges.