[Congressional Record Volume 168, Number 177 (Wednesday, November 16, 2022)]
[House]
[Page H8511]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   PASSING ELECTORAL COUNT ACT REFORM

  The SPEAKER pro tempore. The Chair recognizes the gentleman from 
California (Mr. Garamendi) for 5 minutes.
  Mr. GARAMENDI. Mr. Speaker, I rise today to sound the alarm that the 
117th Congress and, indeed, this body is on track to surrender its last 
chance to safeguard American democracy.
  It has been 1,045 days since this Capitol, this very building, this 
very Congress, was attacked on January 6, 2021, in a violent 
insurrection orchestrated by President Trump in an attempt to stop the 
transfer of power to the legitimate winner of the 2020 election.
  Former President Trump tried to use violence and the flaws of the 
1887 Electoral Count Act to overcome his loss in the 2020 election. 
That was 1,045 days ago.
  By contrast, there are less than 20 days during which this Congress 
can still pass legislation to reform, amend, and clarify the 1887 
Electoral Count Act and ensure that events like January 6 never happen 
again.
  We must act. We cannot fail. Former President Trump has set the stage 
for his supporters to use the flaws in the 1887 law to put aside the 
electors that reflect the will of the voters in key States and, 
instead, send forward electors loyal to Trump.
  In 135 years since the Electoral Count Act of 1887's enactment, the 
United States was fortunate to experience continuous, peaceful 
elections and transfer of power. Former President Trump shattered that 
cherished norm on January 6.
  My colleagues, the fact that we came back into the House Chamber to 
formally confirm the 2020 electoral college count, despite the violent 
threats made against our lives, is a source of immense pride not only 
to us but to America.
  We now know that the previous transfers of power took place despite 
the law and its failings, not because of it.
  Tragically, President Trump and his antidemocratic allies' efforts to 
exploit the loopholes in the Electoral Count Act did not end on that 
infamous day. Over the last 2 years, unscrupulous MAGA Republican 
officials have been carrying out a deliberate and coordinated plan to 
build on the big lie by enacting State laws that allow partisan 
lawmakers to reject the will of the voters and undermine American 
democracy.
  During the recent 2022 midterm election, 170 of Trump's endorsed 
election-denying candidates running for Congress and critical State 
offices have been projected to win their races.
  Finally, last night, we watched former President Trump carry out the 
next step in his plan by formally declaring his candidacy for 
Presidency in 2024.
  The stage is now set for these actors to once again exploit the 
ambiguities of the Electoral Count Act as early as 2024.
  These dangerous actions have already undercut public trust in our 
electoral system and their elected officials. If left unaddressed, they 
could prove catastrophic and bring about an end to America's 245 years 
of democratic tradition.
  Congress must now reform the outdated 1887 law to ensure that no 
State legislature controlled by any party can subvert a Presidential 
election by ignoring the will of the voters in that State.
  Fortunately, the House recently passed the Presidential Election 
Reform Act, which would significantly improve the Electoral Count Act. 
I applaud Chairwoman Zoe Lofgren of the House Administration Committee 
and Ranking Member Liz Cheney, who brought the legislation forward.
  Additionally, the U.S. Senate Committee on Rules and Administration 
recently marked up the Electoral Count Reform Act, a competing 
proposal.

  I call upon my colleagues in the key committees to promptly bring 
forward compromise legislation that we can enact into law.
  Democracy is fragile, and it is our responsibility to protect it. 
Americans have upheld this responsibility for more than two centuries 
of challenges and adversities. If we fail to seize this opportunity to 
fix the broken Electoral Count Act, I fear that our democratic system 
will not get another chance.
  Congress has waited 1,045 days, and there are only 20 remaining. Time 
is running out.

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