[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8873 Engrossed in House (EH)]

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117th CONGRESS
  2d Session
                                H. R. 8873

_______________________________________________________________________

                                 AN ACT


 
  To amend title 3, United States Code, to reform the process for the 
          counting of electoral votes, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Presidential Election Reform Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Article II and the Twelfth Amendment to the 
        Constitution govern how our Republic selects the President and 
        Vice President of the United States. Article II provides that 
        ``each state shall appoint, in such manner as the legislature 
        may direct, a number of electors, equal to the whole number of 
        Senators and Representatives to which the State may be entitled 
        in the Congress.'' (Constitution, article II, section 1, clause 
        2). Article II provides that Congress has the authority to 
        regulate the timing of such elections by setting the ``time'' 
        of the Presidential election and the ``day'' on which 
        presidential electors cast their votes (Constitution, article 
        II, section 1, clause 4). The Twelfth Amendment identifies 
        Congress' responsibility for counting electoral votes: ``The 
        President of the Senate shall, in the presence of the Senate 
        and House of Representatives, open all the certificates and the 
        votes shall then be counted. The person having the greatest 
        number of votes for President, shall be the President, if such 
        number be a majority of the whole number of Electors 
        appointed.''. Congress' authorities in these respects are 
        further bolstered by the Necessary and Proper Clause of the 
        Constitution (article I, section 8, clause 18).
            (2) ``On January 6, 2021, a mob professing support for 
        then-President Trump violently attacked the United States 
        Capitol in an effort to prevent a Joint Session of Congress 
        from certifying the electoral college votes designating Joseph 
        R. Biden the 46th President of the United States.'' Trump v. 
        Thompson, 20 F.4th 10, 15 (D.C. Cir. 2021), cert. denied, 142 
        S. Ct. 1350 (2022). This constituted ``the single most deadly 
        attack on the Capitol by domestic forces in the history of the 
        United States.'' Trump, 20 F.4th at 35. ``Then-Vice President 
        Pence, Senators and Representatives were all forced to halt 
        their constitutional duties and flee . . . for safety.'' Id. at 
        16. ``The events of January 6, 2021 marked the most significant 
        assault on the Capitol since the War of 1812.'' Id. at 18-19.
            (3) The Electoral Count Act of 1887 should be amended to 
        prevent other future unlawful efforts to overturn Presidential 
        elections and to ensure future peaceful transfers of 
        Presidential power.
            (4) The reforms contained in this Act are fully consistent 
        with States' constitutional authority vested by Article II to 
        appoint electors; the reforms herein do not restrict the mode 
        in which States lawfully appoint their respective electors or 
        resolve related contests or controversies, but instead ensure 
        that those appointments, and the votes cast by those electors, 
        are duly transmitted to Congress.

SEC. 3. TIMING OF APPOINTING ELECTORS.

    Section 1 of title 3, United States Code, is amended--
            (1) by striking the period at the end and inserting ``, in 
        accordance with State laws duly enacted prior to such day.''; 
        and
            (2) by striking ``in every fourth year succeeding every 
        election of a President and Vice President'' and inserting ``in 
        each year that is evenly divisible by four''.

SEC. 4. PERMITTING EXTENSION OF TIME FOR PRESIDENTIAL ELECTION IN EVENT 
              OF CATASTROPHIC EVENT POTENTIALLY AFFECTING OUTCOME.

    (a) Extension of Time for Election.--Section 2 of title 3, United 
States Code, is amended to read as follows:
``Sec. 2. Limited extension of time for appointing electors
    ``(a) Criteria for Extending Time for Voting in Presidential 
Elections.--If a State provides for the State's electors to be 
appointed by popular election pursuant to State laws duly enacted prior 
to the day fixed by section 1 of this title, the time for voting in 
such election shall, in accordance with the procedures described in 
subsection (b), be extended beyond the day fixed by section 1 of this 
title if a candidate for President who appears on the ballot in the 
State demonstrates by clear and convincing evidence in an action filed 
under subsection (b) that--
            ``(1) a catastrophic event has occurred in the State;
            ``(2) the catastrophic event has prevented a substantial 
        portion of the State's electorate from casting a ballot on such 
        day, or caused a substantial portion of ballots already cast to 
        be destroyed or rendered unreadable by such event without 
        sufficient notice to affected voters by such day; and
            ``(3) the number of voters prevented from casting a ballot 
        by such event, the number of ballots destroyed or rendered 
        unreadable by such event, or the total of both such numbers, is 
        sufficient in number to potentially affect the ability of that 
        candidate to win the election with respect to one or more 
        presidential electors.
    ``(b) Procedures.--
            ``(1) Authorizing filing of action by candidate.--A 
        candidate for President who appears on the ballot of the State, 
        and no other person, may file an action against the chief State 
        election official of the State in the district court of the 
        United States for the judicial district in which the capital of 
        the State is located to seek an extension of the time for 
        voting in the election under this section. Such district court 
        shall have original and exclusive jurisdiction of any such 
        action.
            ``(2) Determination by three-judge court.--
                    ``(A) In general.--Any action under this subsection 
                shall be heard and determined by a court of 3 judges 
                convened pursuant to section 2284 of title 28, United 
                States Code, except that subsection (b)(2) of such 
                section shall not apply to any such action, and any 
                determination with respect to such an action shall be 
                reviewable only by appeal directly to the Supreme Court 
                of the United States.
                    ``(B) Expedited consideration.--It shall be the 
                duty of the district court described in paragraph (1) 
                and the Supreme Court of the United States to advance 
                on the docket and to expedite to the greatest extent 
                possible the disposition of any action or appeal under 
                this subsection.
            ``(3) Criteria for decision.--The court shall require the 
        time for voting in the election to be extended under this 
        section only if the court finds by clear and convincing 
        evidence that the criteria of subsection (a) are met.
            ``(4) Scope of extended voting period.--
                    ``(A) Period of extension.--If the court finds that 
                the criteria of subsection (a) are met, the court 
                shall, except as provided in subparagraph (C), order an 
                extended voting period that shall be for the shortest 
                duration necessary in light of the catastrophic event 
                justifying the extension, so long as such extended 
                voting period concludes not later than 5 days after the 
                day fixed by section 1 of this title.
                    ``(B) Implementation of extension.-- The time for 
                voting in an election which is extended under this 
                section shall only be extended in the area in the State 
                specifically and directly affected by the catastrophic 
                event, and, to the extent practicable, all ballots cast 
                on or prior to the day fixed by section 1 of this title 
                that are otherwise valid under State law duly enacted 
                prior to such day shall be counted, and voters who cast 
                such ballots shall not be required to take further 
                action to take into account the extension of time for 
                the election under this section.
                    ``(C) Impossibility of implementation.--If the 
                court finds that the criteria of subsection (a) are 
                met, but that it is impossible for the State to 
                administer an extended voting period as a result of the 
                catastrophic event, the court shall issue a declaratory 
                judgment to that effect and, to the extent practicable, 
                all ballots cast on or prior to the day fixed by 
                section 1 of this title that are otherwise valid under 
                State law duly enacted prior to such day shall be 
                counted.
            ``(5) Right to intervene.--Only a candidate for President 
        who appears on the ballot of the State may intervene in an 
        action filed with respect to the State under this subsection.
            ``(6) Sanctions.--If, on the court's own initiative or the 
        motion of a party, the court finds that the candidate filing an 
        action under this subsection did not have a good-faith basis 
        for the factual or legal contentions asserted in the action, 
        the candidate's attorneys of record and their law firms shall 
        be jointly and severally liable for an amount equal to 3 times 
        the full attorney's fees and other expenses incurred by each 
        other party to the action.
            ``(7) Deadline.--
                    ``(A) In general.--An action under this subsection 
                must be filed not later than the day after the day 
                fixed for the election by section 1 of this title.
                    ``(B) Exception.--If the catastrophic event 
                prevents the appropriate court from accepting the 
                filing of an action under this subsection, the action 
                must be filed in another district court of the United 
                States capable of accepting the filing most proximate 
                to the judicial district in which the capital of the 
                State is located.
            ``(8) Chief state election official defined.--In this 
        subsection, the term `chief State election official' has the 
        meaning given such term in section 253(e) of the Help America 
        Vote Act of 2002 (52 U.S.C. 21003(e)).
    ``(c) Catastrophic Event Defined.--
            ``(1) Definition.--In this section, the term `catastrophic 
        event' means a major natural disaster, an act of terrorism, or 
        a widespread power outage, so long as such event is on a scale 
        sufficient to prevent a substantial portion of a State's 
        electorate from casting a ballot on the day fixed by section 1 
        of this title, or such event causes a substantial number of 
        ballots already cast in a State to be destroyed or rendered 
        unreadable.
            ``(2) Other definitions.--In paragraph (1)--
                    ``(A) the term `act of terrorism' means an activity 
                that involves acts dangerous to human life that are a 
                violation of the criminal laws of the United States or 
                of any State, and that appear to be intended--
                            ``(i) to intimidate or coerce a civilian 
                        population;
                            ``(ii) to influence the policy of a 
                        government by intimidation or coercion; or
                            ``(iii) to affect the conduct of a 
                        government by mass destruction, assassination, 
                        or kidnapping; and
                    ``(B) the term `major natural disaster' means any 
                natural catastrophe (including any hurricane, tornado, 
                historically significant widespread snowstorm, 
                historically significant widespread flooding, 
                historically significant destructive fire, tidal wave, 
                tsunami, earthquake, or volcanic eruption that causes 
                great damage or loss of life).
    ``(d) Rules of Construction.--Nothing in this section may be 
construed--
            ``(1) to limit the application of any State or Federal 
        protection of the right to vote in an election during the 
        period during which the time for voting is extended under this 
        section;
            ``(2) to preclude a court in an action filed under 
        subsection (b) from ordering sanctions otherwise authorized by 
        law; or
            ``(3) to affect the manner in which, or circumstances under 
        which, other elections under other provisions of law may be 
        postponed or extended.''.
    (b) Conforming Amendment Relating to the Mayor of the District of 
Columbia.--Section 21 of such title is amended by adding at the end the 
following:
    ``(c) `Governor' includes the Mayor of the District of Columbia.''.
    (c) Clerical Amendment.--The table of sections of chapter 1 of such 
title is amended by amending the item relating to section 2 to read as 
follows:

``2. Limited extension of time for appointing electors.''.

SEC. 5. TIMING OF ENACTMENT OF LAWS PROVIDING FOR VACANCIES IN 
              ELECTORAL COLLEGE.

    Section 4 of title 3, United States Code, is amended--
            (1) by striking ``by law'' and inserting ``by laws duly 
        enacted prior to the day fixed by section 1 of this title for 
        the appointment of electors''; and
            (2) by adding at the end the following new sentence: 
        ``Vacancies occurring after the day fixed by section 1 of this 
        title for the appointment of electors shall be filled only by 
        alternative electors appointed under State law pursuant to this 
        section.''.

SEC. 6. REPEAL OF ``SAFE HARBOR'' RULES FOR DETERMINATION OF 
              CONTROVERSY REGARDING APPOINTMENT OF ELECTORS.

    (a) Repeal.--Title 3, United States Code, is amended by striking 
section 5.
    (b) Clerical Amendment.--The table of sections of such title is 
amended by striking the item relating to section 5.

SEC. 7. CERTIFICATES OF APPOINTMENT OF ELECTORS.

    (a) In General.--Section 6 of title 3, United States Code, is 
amended to read as follows:
``Sec. 6. Credentials of electors; transmission to Archivist of the 
              United States and to Congress; enforcement; public 
              inspection
    ``(a) Duties of Governor With Respect to Certification of 
Electors.--
            ``(1) Obligation to certify.--Not later than December 14, 
        the Governor of each State shall certify the appointment of the 
        electors for the State in compliance with section 1 or, if 
        applicable, section 2 of this title.
            ``(2) Transmission to archivist of the united states.--The 
        Governor of a State shall, immediately after certifying the 
        appointment of electors for the State under paragraph (1)--
                    ``(A) transmit under the seal of such State the 
                certificate of the appointment of electors under 
                paragraph (1) to the Archivist of the United States by 
                the most expeditious method available and by secure 
                electronic transmission; and
                    ``(B) make such certificate publicly available on 
                the date of such transmission to the Archivist.
            ``(3) Transmission of duplicate-originals to electors.--The 
        Governor of a State shall deliver to the electors of such State 
        6 duplicate-originals of the certificate described in paragraph 
        (2) under the seal of the State not later than the date 
        specified in section 7 of this title.
    ``(b) Preservation and Transmission of Certificate.--The Archivist 
of the United States shall--
            ``(1) preserve any certificate received under subsection 
        (a) for 1 year as part of the public records of the office of 
        the Archivist open to public inspection; and
            ``(2) immediately transmit to the two Houses of Congress 
        copies in full of each such certificate received by the most 
        expeditious method available and by secure electronic 
        transmission.
    ``(c) Enforcement.--
            ``(1) Actions against governor.--
                    ``(A) Actions authorized.--Any candidate for 
                President or Vice President who appears on the ballot 
                in a State who is aggrieved by a violation of 
                subsection (a) with respect to such State, including by 
                failing to certify the appointment of electors or 
                because the certification does not accurately reflect 
                the final election results of the State as modified by 
                any recount or judicial or administrative proceeding 
                conducted pursuant to State or Federal laws duly 
                enacted prior to the day fixed by section 1 of this 
                title, may file an action against the Governor for such 
                declaratory, injunctive, or other appropriate relief in 
                the district court of the United States for the 
                judicial district in which the capital of the State is 
                located to ensure the issuance and transmission of the 
                certificate of appointment in compliance with the 
                requirements of subsection (a), the Constitution of the 
                United States, and any other Federal law.
                    ``(B) Relief.--Such district court shall have 
                original and exclusive jurisdiction of any such action 
                and shall issue any appropriate relief, including, in 
                appropriate cases, injunctive relief ordering the 
                Governor of the State to issue, transmit, or revise the 
                certificate of appointment of electors under subsection 
                (a)(1), or other appropriate relief sufficient to 
                ensure the transmission of the lawful certificate of 
                appointment. If the Governor refuses to issue, 
                transmit, or revise such certificate in compliance with 
                the district court's order, the court shall direct 
                another official of the State to issue, transmit, or 
                revise the certificate of appointment of electors under 
                such subsection.
            ``(2) Actions against archivist.--Any candidate for 
        President or Vice President who appears on the ballot in a 
        State who is aggrieved by a violation of subsection (b) with 
        respect to the failure of the Archivist to transmit a 
        certificate of appointment may file an action for such 
        declaratory, injunctive, or other appropriate relief in the 
        United States District Court for the District of Columbia, and 
        such district court shall have original and exclusive 
        jurisdiction of any such action, and shall issue any relief 
        necessary to ensure the transmission of the certificate of 
        appointment in compliance with the requirements of subsection 
        (b).
            ``(3) Determination by three-judge court.--
                    ``(A) In general.--Any action described in this 
                subsection shall be heard and determined by a court of 
                3 judges convened pursuant to section 2284 of title 28, 
                United States Code, except that subsection (b)(2) of 
                such section shall not apply to any such action, and 
                any determination with respect to such an action shall 
                be reviewable only by appeal directly to the Supreme 
                Court of the United States.
                    ``(B) Expedited consideration.--The court described 
                in subparagraph (A) shall issue any relief under this 
                subsection as promptly as possible but in no case later 
                than December 19 such that a final order of the court 
                on remand of the Supreme Court of the United States may 
                occur not later than December 22.
    ``(d) Conclusive Effect of Certificates.--
            ``(1) In general.--In the joint session of Congress to 
        count electoral votes pursuant to section 15 of this title, the 
        certificate of appointment transmitted by the Governor of a 
        State under subsection (a)(2), subject to any modification 
        pursuant to a court order under subsection (c)(1), shall be 
        accepted as conclusive with respect to the appointment of 
        electors for such State, except that, in the case no such 
        certificate is transmitted by the Governor of a State, or the 
        certificate transmitted by the Governor does not comply with 
        revisions ordered by the court pursuant to subsection (c)(1), 
        the certificate of appointment for the State transmitted by 
        another official of the State pursuant to a court order under 
        subsection (c)(1) shall be accepted as conclusive with respect 
        to the appointment of electors for such State.
            ``(2) Special rule with respect to final determination of 
        judicial proceeding.--In the case that a certificate of 
        appointment is subject to a final determination by a Federal 
        and a State judicial proceeding, the certificate as modified by 
        the final determination of the Federal judicial proceeding 
        shall be accepted as conclusive with respect to the appointment 
        of electors for such State to the extent that there is any 
        inconsistency between such determinations.
    ``(e) Rule of Construction.--Nothing in this section may be 
construed to preempt any action conducted pursuant to State law duly 
enacted prior to the day fixed by section 1 of this title or affect the 
right of any person to bring an action under any other Federal law.''.
    (b) Clerical Amendment.--The table of sections of chapter 1 of such 
title is amended by amending the item relating to section 6 to read as 
follows:

``6. Credentials of electors; transmission to Archivist of the United 
                            States and to Congress; enforcement; public 
                            inspection.''.

SEC. 8. DATE OF MEETING AND VOTE OF ELECTORS.

    Section 7 of title 3, United States Code, is amended--
            (1) by striking ``the first Monday after the second 
        Wednesday in December'' and inserting ``the twenty third of 
        December''; and
            (2) by inserting ``, except that if the twenty third of 
        December falls on a Saturday or Sunday, the electors shall meet 
        and give their votes, in the case of a Saturday, on the 
        preceding day, and, in the case of a Sunday, on the following 
        day'' after ``State shall direct''.

SEC. 9. DISPOSITION OF CERTIFICATES AND LISTS.

    (a) Electronic Transmission of Certificates of Electors.--Section 
11 of title 3, United States Code, is amended--
            (1) in the undesignated paragraph beginning with 
        ``First.'', by striking ``registered mail'' and all that 
        follows and inserting ``the most expeditious method available 
        to the President of the Senate at the seat of government and 
        shall, on the same day, transmit a facsimile of the same in a 
        secure, electronic manner.''; and
            (2) in the undesignated paragraph beginning with 
        ``Third.''--
                    (A) by striking ``registered mail'' and inserting 
                ``the most expeditious method available''; and
                    (B) by adding at the end the following: ``They 
                shall, on the same day, transmit facsimiles of the same 
                to the Archivist of the United States in a secure, 
                electronic manner.''.
    (b) Failure of Certificates To Be Delivered.--
            (1) Demand on state.--Section 12 of such title is amended--
                    (A) by striking ``the fourth Wednesday in 
                December'' and inserting ``December 30''; and
                    (B) by striking ``registered mail'' and all that 
                follows and inserting the following: ``the most 
                expeditious method available to the President of the 
                Senate at the seat of government and to immediately 
                transmit a facsimile of the same in a secure, 
                electronic manner.''.
            (2) Demand on judge.--Section 13 of such title is amended--
                    (A) by striking ``votes'' each place it appears and 
                inserting ``votes and list'';
                    (B) by striking ``the fourth Wednesday in 
                December'' and inserting ``December 30''; and
                    (C) by striking ``list by the hand'' and all that 
                follows and inserting the following: ``certificate and 
                list by the hand of such messenger to the seat of 
                government and shall immediately transmit a facsimile 
                of the same in a secure, electronic manner.''.
    (c) Increase in Penalty for Neglect of Duty.--Section 14 of such 
title is amended--
            (1) by striking ``electors'' and inserting ``electors and 
        list''; and
            (2) by striking ``$1,000'' and inserting ``$25,000''.

SEC. 10. COUNTING ELECTORAL VOTES IN CONGRESS.

    (a) Procedures at Joint Session.--Section 15 of title 3, United 
States Code, is amended to read as follows:
``Sec. 15. Counting electoral votes in Congress
    ``(a) Procedures at Joint Session.--
            ``(1) In general.--Congress shall be in session on the 
        sixth day of January succeeding every meeting of the electors. 
        The Senate and House of Representatives shall meet in the Hall 
        of the House of Representatives at the hour of 1 o'clock in the 
        afternoon on that day, and the President of the Senate (or, in 
        the absence of the President, the President pro tempore) shall 
        be their presiding officer. Such joint session of the Senate 
        and House of Representatives shall not be dissolved until the 
        count of electoral votes shall be completed and the result of 
        such count declared.
            ``(2) Authority of presiding officer at joint session.--
                    ``(A) Power to preserve order.--The presiding 
                officer shall have power to preserve order, and no 
                debate shall be allowed and no question shall be put by 
                the presiding officer except as provided by this 
                section.
                    ``(B) No discretionary power.--The role of the 
                presiding officer is ministerial. Except with respect 
                to the procedures described in this section, the 
                presiding officer shall not have any power to determine 
                or otherwise resolve disputes concerning the proper 
                list of electors for a State, the validity of electors 
                for a State, or the votes of electors of a State. 
                Except as provided for in this section, the presiding 
                officer shall not order any delay in counting or 
                preside over any period of delay in counting electoral 
                votes.
            ``(3) Reading of certificates.--
                    ``(A) In general.--The presiding officer shall, in 
                the alphabetical order of the States, beginning with 
                the letter A, open the sealed certificate in which is 
                contained the signed certificates of votes and the 
                annexed list of electors appointed for each State, and 
                shall read aloud the names of the list of electors 
                appointed for each State according to the certificate 
                received. The presiding officer shall present the 
                certificate of electoral votes cast by the State's 
                appointed electors to the tellers for the purpose of 
                reading such certificates pursuant to subparagraph (B).
                    ``(B) Reading of certificates by tellers.--Two 
                tellers shall be previously appointed on the part of 
                the Senate and two on the part of the House of 
                Representatives. Upon the reading by the tellers of any 
                such certificate of electoral votes, the presiding 
                officer shall call for objections to such certificate 
                pursuant to the rules described in subsection (c), if 
                any.
                    ``(C) Result of electoral vote count.--After having 
                read the certificates of each State in the presence and 
                hearing of the two Houses, the tellers shall make a 
                list of the votes as they shall appear from the 
                certificates, and the votes having been ascertained and 
                counted according to the requirements of this section, 
                the result shall be delivered to the presiding officer, 
                who shall thereupon announce the state of the vote. 
                Such announcement shall be deemed a sufficient 
                declaration of the persons, if any, elected President 
                and Vice President of the United States, and shall, 
                together with a list of the votes, be entered on the 
                Journals of the two Houses.
            ``(4) Motions in order at joint session.--No motion shall 
        be received in the joint session except--
                    ``(A) a motion pursuant to subsection (b) of this 
                section in relation to the appointment of electors from 
                a State; or
                    ``(B) a motion to recess.
            ``(5) Requirements for actions in order at joint session.--
                    ``(A) In general.--An objection, appeal, or motion 
                shall not be received by the presiding officer unless 
                such action--
                            ``(i) is submitted in writing and states 
                        clearly and concisely, and without argument, 
                        the ground for such action;
                            ``(ii) is signed by at least one third of 
                        each House of Congress; and
                            ``(iii) in the case of a motion to recess, 
                        states a time certain, in accordance with 
                        paragraph (6), at which the joint session will 
                        resume proceedings.
                    ``(B) Restriction on motion to recess.--A Senator 
                or Representative may sign only one motion to recess 
                received by the presiding officer during joint session 
                proceedings with respect to a single State.
                    ``(C) Appeals.--
                            ``(i) In general.--If an appeal is 
                        submitted in accordance with subparagraph 
                        (A)(i), the Clerk of the House of 
                        Representatives shall maintain the written 
                        appeal at the desk and the presiding officer 
                        shall provide Senators and Representatives with 
                        a sufficient opportunity to sign it before 
                        proceeding which shall not exceed 15 minutes.
                            ``(ii) Prohibition against withdrawal of 
                        appeal.--An appeal submitted in accordance with 
                        subparagraph (A)(i) may not be withdrawn 
                        following submission, and only one such appeal 
                        may be submitted with respect to a ruling of 
                        the presiding officer.
                            ``(iii) Form.--The presiding officer shall 
                        put the question on any appeal as follows: 
                        `Shall the decision of the presiding officer be 
                        overturned?'.
                    ``(D) Threshold to adopt.--A majority vote of both 
                Houses shall be required for the adoption of any 
                question received during the joint session, except that 
                a majority vote of either House shall be required for 
                the adoption of a motion to recess.
            ``(6) Recess.--A motion to recess must state the time 
        certain for the resumption of proceedings in the joint session, 
        the Senate, or the House, and may not state a time beyond the 
        next calendar day at the hour of 10 o'clock in the forenoon. If 
        the proceedings of the joint session have not been completed in 
        three calendar days, no further recess may be taken.
            ``(7) Debate.--
                    ``(A) Debate of certain actions.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), any question received by the 
                        presiding officer pursuant to paragraph (5) 
                        shall be reported in the joint session, and 
                        such question shall be submitted to each House, 
                        which shall each withdraw for a period of 
                        debate described in subparagraph (B).
                            ``(ii) Exception for motion to recess.--A 
                        motion to recess shall not be subject to 
                        debate.
                    ``(B) Length of debate.--The time for debate of any 
                question shall be limited to--
                            ``(i) in the case of any motion that is 
                        made under subsection (b), two hours equally 
                        divided and controlled by the majority leader 
                        and minority leader of each House or their 
                        respective designees;
                            ``(ii) in the case of any objection that is 
                        made under subsection (c), two hours equally 
                        divided and controlled by the majority leader 
                        and minority leader of each House or their 
                        respective designees; and
                            ``(iii) in the case of any appeal of a 
                        decision of the presiding officer, 30 minutes 
                        equally divided and controlled by the majority 
                        leader and minority leader of each House or 
                        their respective designees.
                    ``(C) Single debate for multiple motions in 
                relation to appointment of electors.--If more than one 
                motion in relation to the appointment of electors from 
                a State is made under subsection (b) that satisfies the 
                requirements of paragraph (5), such motions shall be 
                debatable for a single period of two hours as provided 
                in subparagraph (B)(i).
                    ``(D) Single debate for multiple objections.--If 
                more than one objection with respect to any vote from a 
                State is made under subsection (c) that satisfies the 
                requirements of paragraph (5), such objections shall be 
                debatable for a single period of two hours as provided 
                in subparagraph (B)(ii).
                    ``(E) Special rule regarding length of debate.--If 
                the proceedings of the joint session have not been 
                completed in five calendar days, the presiding officer 
                may reduce the length of debate for any question to not 
                less than 30 minutes equally divided and controlled by 
                the majority leader and minority leader of each House 
                or their respective designees.
    ``(b) Rules for Identifying the Duly Appointed Electors of a 
State.--
            ``(1) In general.--The presiding officer shall announce the 
        electors whose appointments are reflected in a certificate that 
        is received under section 6 of this title. Pursuant to section 
        6 of this title, such electors shall be the conclusive 
        appointed electors for the State, and in no case shall the 
        presiding officer or the joint session consider any other 
        person to be an appointed elector for a State.
            ``(2) Motions in relation to the appointment of electors.--
        After the declaration of the presiding officer under paragraph 
        (1) with respect to a State, the following motions may be 
        submitted:
                    ``(A) A motion to reject the declaration of the 
                appointment of electors for the State by the presiding 
                officer under paragraph (1) on the grounds that the 
                certificate of appointment presented by the presiding 
                officer is not conclusive under section 6 of this title 
                and to receive a certificate of appointment from the 
                State that is conclusive under section 6 of this title.
                    ``(B) In the absence of any presentation of a 
                certificate from a State by the presiding officer, a 
                motion to receive a certificate of appointment from the 
                State that is conclusive under section 6 of this title.
            ``(3) Voting by the houses.--
                    ``(A) In general.--When all motions offered 
                pursuant to paragraph (2) with respect to a State have 
                been received and read in the joint session, the Senate 
                shall thereupon withdraw, and such motions shall be 
                submitted to the Senate for its decision, and the 
                Speaker of the House of Representatives shall submit 
                such motions to the House of Representatives for its 
                decision.
                    ``(B) Announcement of decision.--When the two 
                Houses have voted, they shall immediately resume 
                proceedings in the joint session, and the presiding 
                officer shall announce the decision on any such 
                motions.
            ``(4) Announcement of appointment of electors.--If a motion 
        under paragraph (2) is adopted, the presiding officer shall 
        declare the list of electors that was received under such 
        motion to be the appointed electors for the State.
    ``(c) Objections to Certificate of Electoral Votes.--
            ``(1) In general.--Once the joint session has identified 
        the duly appointed electors of a State pursuant to the 
        procedures described in subsection (a) and the rules described 
        in subsection (b), the presiding officer shall call for 
        objections, if any, to one or more electoral votes cast by the 
        electors of the State on the grounds specified in paragraph 
        (2). No votes from a State shall be acted upon until any 
        objections made to the votes from a State under this subsection 
        have been decided.
            ``(2) Grounds for objections.--To raise an objection under 
        this subsection, a Member must submit such objection pursuant 
        to the requirements of subsection (a)(5) and specify in writing 
        the number of electoral votes objected to and one of the 
        following grounds for the objection:
                    ``(A) The State in question was not validly a State 
                at the time its electors cast their electoral votes and 
                is thus not entitled to such votes, except that such 
                objection may not be raised with respect to the 
                District of Columbia.
                    ``(B) The State in question submitted more votes 
                than it is constitutionally entitled to, and thus a 
                corresponding number of its purported votes should be 
                rejected.
                    ``(C) One or more of the State's electors are 
                constitutionally ineligible for the office of elector 
                under article II, section I, clause 2 or section 3 of 
                the Fourteenth Amendment of the Constitution of the 
                United States, except if a State has replaced the 
                ineligible elector with an eligible elector pursuant to 
                the authority described in section 4 of this title 
                prior to the casting of electoral votes by its 
                electors, then it shall not be in order to cite the 
                initial appointment of the ineligible elector as 
                grounds for raising an objection under this 
                subparagraph.
                    ``(D) One or more of the State's electoral votes 
                were cast for a candidate who is ineligible for the 
                office of President or Vice President pursuant to--
                            ``(i) article I, section 3, clause 7 of the 
                        Constitution of the United States;
                            ``(ii) article II, section 1, clause 5 of 
                        the Constitution of the United States;
                            ``(iii) section 3 of the Fourteenth 
                        Amendment to the Constitution of the United 
                        States; or
                            ``(iv) section 1 of the Twenty-second 
                        Amendment to the Constitution of the United 
                        States.
                    ``(E) One or more of the State's electoral votes 
                were cast in violation of the requirements enumerated 
                by article II, section 1, clause 4 of the Constitution 
                of the United States by failing to vote on the date 
                specified in section 7 of this title, or one or more of 
                the State's electoral votes were cast in violation of 
                the Twelfth Amendment to the Constitution of the United 
                States by failing to be cast--
                            ``(i) by ballot; or
                            ``(ii) distinctly for the offices of 
                        President and Vice President, one of whom is 
                        not an inhabitant of the elector's State.
            ``(3) Voting by the houses.--
                    ``(A) In general.--When all objections offered 
                pursuant to paragraph (1) with respect to a State have 
                been received and read in the joint session, the Senate 
                shall thereupon withdraw, and such objections shall be 
                submitted to the Senate for its decision, and the 
                Speaker of the House of Representatives shall submit 
                such objections to the House of Representatives for its 
                decision.
                    ``(B) Announcement of decision.--When the two 
                Houses have voted, they shall immediately resume 
                proceedings in the joint session, and the presiding 
                officer shall announce the decision on any such 
                objections.
    ``(d) Effect of Rejection of Electoral Votes.--
            ``(1) Effect of rejection of electoral votes.--If a State's 
        electoral votes are rejected under subsection (c)(2)--
                    ``(A) in the case a State's electoral votes are 
                rejected pursuant to an objection under subparagraph 
                (A), (B), or (C) of such subsection, the whole number 
                of electors appointed for purposes of the Twelfth 
                Amendment of the Constitution of the United States 
                shall be reduced by the number of rejected electoral 
                appointments; and
                    ``(B) in the case a State's electoral votes are 
                rejected pursuant to an objection under subparagraph 
                (D) or (E) of such subsection, the whole number of 
                electors appointed for purposes of the Twelfth 
                Amendment of the Constitution of the United States 
                shall be unaffected.
            ``(2) Constitutional ineligibility.--For the purposes of 
        section 3 of the Twentieth Amendment of the Constitution of the 
        United States, in the case an objection is sustained under 
        subsection (c)(2)(D)--
                    ``(A) the electoral votes cast for such candidate 
                shall be counted for the purposes of determining 
                whether the candidate has been elected under such 
                amendment;
                    ``(B) such candidate shall be deemed to have failed 
                to qualify under such amendment; and
                    ``(C) subparagraphs (A) and (B) shall apply with 
                respect to any electoral votes cast for such candidate 
                from any other State that are otherwise valid under 
                this section, except that nothing in this paragraph 
                shall be construed to prohibit a Member from objecting 
                to any such electoral votes on other grounds described 
                in subsection (c)(2).''.
    (b) Conforming Amendment.--Title 3, United States Code, is amended 
by striking sections 16 through 18.
    (c) Clerical Amendment.--The table of sections of such title is 
amended by striking the items relating to sections 16 through 18.

SEC. 11. PROTECTION OF TABULATION AND CERTIFICATION.

    (a) Prohibition.--With respect to an election for the office of 
President, Vice President, or presidential elector, no person acting 
under color of law shall willfully fail or refuse to--
            (1) tabulate, count, or report any vote that is timely cast 
        and is otherwise valid under applicable State and Federal law; 
        or
            (2) certify the aggregate tabulations of such votes or 
        certify the election of the candidates receiving sufficient 
        such votes to be elected to office.
    (b) Enforcement.--
            (1) Authorizing filing of action by candidate.--Any 
        candidate for President, Vice President, or presidential 
        elector who appears on the ballot in a State who is aggrieved 
        by a violation of subsection (a) may file an action for such 
        declaratory and injunctive relief as may be appropriate in the 
        district court of the United States for the judicial district 
        in which the capital of the State is located.
            (2) Determination by three-judge court.--
                    (A) In general.--An action described under this 
                subsection shall be heard and determined by a court of 
                3 judges convened pursuant to section 2284 of title 28, 
                United States Code, except that subsection (b)(2) of 
                such section shall not apply to any such action, and 
                any determination with respect to such an action shall 
                be reviewable only by appeal directly to the Supreme 
                Court of the United States.
                    (B) Expedited consideration.--It shall be the duty 
                of the district court described in this subsection and 
                the Supreme Court of the United States to advance on 
                the docket and to expedite to the greatest extent 
                possible the disposition of any action or appeal under 
                this subsection.
    (c) Rule of Construction.--Nothing in this section may be construed 
to preempt any action conducted pursuant to State law duly enacted 
prior to the day fixed by section 1 of title 3, United States Code, or 
affect the right of any person to bring an action under any other 
Federal law.

SEC. 12. SEVERABILITY.

    If any provision of this Act or an amendment made by this Act, or 
the application of any provision of this Act or an amendment made by 
this Act to any person or circumstance, is held to be unconstitutional, 
the remainder of this Act, and the application of such provision or 
amendment to any other person or circumstance, shall not be affected by 
the holding.

            Passed the House of Representatives September 21, 2022.

            Attest:

                                                                 Clerk.
117th CONGRESS

  2d Session

                               H. R. 8873

_______________________________________________________________________

                                 AN ACT

  To amend title 3, United States Code, to reform the process for the 
          counting of electoral votes, and for other purposes.