In thinking about what specific revisions to the Electoral Count Act are necessary, I think it's important not just to look backward at 2020, but to consider how a future crisis may be somewhat different (mini-thread)
https://twitter.com/ThePlumLineGS/status/1408397071800049671
The ECA can come into play in three scenarios:
1.) A disputed state outcome (two slates of electors) can be settled by Congress
2.) A state acting corruptly can have its EVs thrown out by Congress
3.) Legitimate state results can be corruptly thrown out by Congress
1.) A disputed state outcome (two slates of electors) can be settled by Congress
2.) A state acting corruptly can have its EVs thrown out by Congress
3.) Legitimate state results can be corruptly thrown out by Congress
In 2020 all the states ended up submitting legitimate results. So the problem that manifested on January 6 was #3 — a corrupt attempt by a congressional faction to throw out legitimate results.
But the problem in 2024 or later may be different. There could be a disputed state result with two sets of electors. Or a state itself could act corruptly, overriding the legitimate outcome.
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