117th CONGRESS 2d Session |
To amend title 3, United States Code, to reform the process for the counting of electoral votes, and for other purposes.
September 19, 2022
Ms. Lofgren (for herself and Ms. Cheney) introduced the following bill; which was referred to the Committee on House Administration, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
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,
This Act may be cited as the “Presidential Election Reform Act”.
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:
Ҥ 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.
“(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.
“(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.
SEC. 7. Certificates of appointment of electors.
(a) In general.—Section 6 of title 3, United States Code, is amended to read as follows:
Ҥ 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.
“(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:
Ҥ 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.
“(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.
“(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.
“(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.
“(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.
(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.
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.