Electoral Count Reform and Presidential Transition Improvement Act of 2022
Latest action · Oct 18, 2022 Placed on Senate Legislative Calendar under General Orders. Calendar No. 529.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedJul 20, 2022
- Passed SenateNot reached
- Passed HouseNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
Electoral Count Reform and Presidential Transition Improvement Act of 2022
This bill revises the process of casting and counting electoral votes for presidential elections. The bill also revises provisions related to the presidential transition process.
The bill specifies that the choice of electors must occur in accordance with the laws of the state enacted prior to election day.
Additionally, the bill identifies each state's governor (unless otherwise identified in the laws or constitution of a state in effect on election day) as responsible for submitting the certificate of ascertainment identifying the state's electors. Further, the bill provides for expedited judicial review for any action brought by an aggrieved presidential or vice-presidential candidate arising under the U.S. Constitution or U.S. laws with respect to the issuance or transmission of such a certificate.
The bill revises the framework for the joint session of Congress to count electoral votes and make a formal declaration of which candidates have been elected President and Vice President. Among other changes, the bill (1) specifies that the role of the Vice President during the joint session shall be ministerial in nature, and (2) raises the objection threshold in Congress to at least one-fifth of the duly chosen and sworn members of both the House of Representatives and the Senate.
The bill also revises the presidential transition process, including to (1) allow more than one candidate to receive federal transition resources under certain circumstances, and (2) require additional reporting by the General Services Administration.
Cosponsors 38
Members who signed on, in the order they did. Signatures ran from Jul 20, 2022 to Dec 19, 2022; 15 are original cosponsors, there from the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| R-NE | Ben Sasse | Original | Jul 20, 2022 |
| D-MD | Benjamin L. Cardin | Original | Jul 20, 2022 |
| D-DE | Christopher A. Coons | Original | Jul 20, 2022 |
| D-CT | Christopher Murphy | Original | Jul 20, 2022 |
| D-NH | Jeanne Shaheen | Original | Jul 20, 2022 |
| D-WV | Joe Manchin III | Original | Jul 20, 2022 |
| I-AZ | Kyrsten Sinema | Original | Jul 20, 2022 |
| R-SC | Lindsey Graham | Original | Jul 20, 2022 |
| R-AK | Lisa Murkowski | Original | Jul 20, 2022 |
| D-VA | Mark R. Warner | Original | Jul 20, 2022 |
| R-UT | Mitt Romney | Original | Jul 20, 2022 |
| R-OH | Rob Portman | Original | Jul 20, 2022 |
| R-WV | Shelley Moore Capito | Original | Jul 20, 2022 |
| R-NC | Thom Tillis | Original | Jul 20, 2022 |
| R-IN | Todd Young | Original | Jul 20, 2022 |
| R-IA | Chuck Grassley | Aug 6, 2022 | |
| D-CO | John W. Hickenlooper | Aug 6, 2022 | |
| D-CA | Alex Padilla | Sep 21, 2022 | |
| D-CO | Michael F. Bennet | Sep 21, 2022 | |
| R-PA | Patrick J. Toomey | Sep 21, 2022 | |
| D-NH | Margaret Wood Hassan | Sep 22, 2022 | |
| D-MN | Amy Klobuchar | Sep 28, 2022 | |
| D-AZ | Mark Kelly | Sep 28, 2022 | |
| R-KY | Mitch McConnell | Sep 28, 2022 | |
| R-MO | Roy Blunt | Sep 28, 2022 | |
| D-NV | Catherine Cortez Masto | Sep 29, 2022 | |
| D-NY | Charles E. Schumer | Sep 29, 2022 | |
| D-CA | Dianne Feinstein | Sep 29, 2022 | |
| R-TX | John Cornyn | Sep 29, 2022 | |
| R-SD | John Thune | Sep 29, 2022 | |
| D-DE | Thomas R. Carper | Sep 29, 2022 | |
| I-ME | Angus S. King Jr. | Nov 14, 2022 | |
| D-NJ | Cory A. Booker | Nov 14, 2022 | |
| D-MI | Gary C. Peters | Nov 14, 2022 | |
| R-NC | Richard Burr | Nov 14, 2022 | |
| D-IL | Richard J. Durbin | Nov 14, 2022 | |
| D-OH | Sherrod Brown | Nov 14, 2022 | |
| D-NV | Jacky Rosen | Dec 19, 2022 |
Committees 1
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| Senate | Rules and Administration Committee | Referred Jul 20, 2022Markup Sep 27, 2022Reported Oct 18, 2022 |
Actions 5
Everything that happened, newest first.
- Oct 18, 2022Committee on Rules and Administration. Reported by Senator Klobuchar under authority of the order of the Senate of 10/14/2022 with an amendment in the nature of a substitute. Without written report.
- Oct 18, 2022Placed on Senate Legislative Calendar under General Orders. Calendar No. 529.
- Sep 27, 2022Committee on Rules and Administration. Ordered to be reported with an amendment favorably.
- Jul 20, 2022Introduced in Senate
- Jul 20, 2022Read twice and referred to the Committee on Rules and Administration. (Sponsor introductory remarks on measure: CR S3545-3546)
In the Congressional Record 5
Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.
| Where | In the Record | Members | Date |
|---|---|---|---|
| Senate | Debate and remarks S7157 | Benjamin L. Cardin D-MD | Dec 14, 2022 |
| House | Debate and remarks H8230 | Rodney Davis R-IL, Zoe Lofgren D-CA | Sep 29, 2022 |
| Senate | Debate and remarks S5038 | Mitch McConnell R-KY | Sep 27, 2022 |
| Senate | Debate and remarks S3586–S3588, S3600–S3602 | Benjamin L. Cardin D-MD, Christopher Murphy D-CT | Jul 21, 2022 |
| Senate | Debate and remarks S3544–S3546 | Joe Manchin III D-WV, Susan M. Collins R-ME | Jul 20, 2022 |
Research
What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.
CRS reports 3
Congressional Research Service work that CRS links to this bill or the law it became, newest first.
Cite it 3
Products on other subjects that cite it, usually among other measures.
| Product | Title | Kind | Published |
|---|---|---|---|
| R45154 | Lame Duck Sessions of Congress, 1935-2024 (74th-118th Congresses) | Report | Sep 15, 2026 |
| IF12291 | Elections and Voting: Policy and Legal Issues for the 118th Congress | Resource | Jan 5, 2023 |
| IN12065 | The Electoral Count Act and Presidential Elections Archived | Insight | Dec 19, 2022 |
Related bills 2
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| HR 8824 | Electoral Count Reform and Presidential Transition Improvement Act of 2022 | Identical bill | Sep 14, 2022 |
| HR 8846 | Electoral Count Reform and Presidential Transition Improvement Act of 2022 | Identical bill | Sep 15, 2022 |
Titles 7
Every title it has carried, official and short, at each stage.
- Official Title as Introduced
- A bill to amend title 3, United States Code, to reform the Electoral Count Act, and to amend the Presidential Transition Act of 1963 to provide clear guidelines for when and to whom resources are provided by the Administrator of General Services for use in connection with the preparations for the assumption of official duties as President or Vice President.
- Short Title(s) as Introduced
- Electoral Count Reform and Presidential Transition Improvement Act of 2022
- Short Title(s) as Reported to Senate
- Electoral Count Reform and Presidential Transition Improvement Act of 2022
- Short Title(s) as Introduced for portions of this bill
- Presidential Transition Improvement Act
- Electoral Count Reform Act of 2022
- Short Title(s) as Reported to Senate for portions of this bill
- Presidential Transition Improvement Act
- Electoral Count Reform Act of 2022
Subjects
Assigned by the Library of Congress. Policy area: Government Operations and Politics.
- Congressional officers and employees
- Congressional operations and organization
- Congressional oversight
- Constitution and constitutional amendments
- Elections, voting, political campaign regulation
- Federal district courts
- Federal officials
- Government information and archives
- Government Operations and Politics
- Intergovernmental relations
- Judges
- Judicial review and appeals
- Legislative rules and procedure
- Presidents and presidential powers, Vice Presidents
- State and local government operations
- Supreme Court
- Voting rights
Text 2
Each version as it was printed, newest first.
- Oct 18, 2022Reported to Senate
- Jul 20, 2022Introduced in Senate
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.