Jimmy Carter and James Baker: “The act is an antiquated, muddled and potentially unconstitutional law that allows uncertainty during a critical step in the peaceful transfer of power. The act became law 10 years after several states submitted competing slates of electoral votes during the disputed Reconstruction-era election of 1876. It spawned no controversy for the next 30 presidential elections.”
“Weaknesses in the law started to become apparent after the 2000 election. On Jan. 6, 2001, as well as in 2005 and 2017, some members of the losing candidates’ political party objected to electoral slates from some states. In 2021, the ambiguities of that law helped lead to the violent assault on the U.S. Capitol as efforts were being made to toss out several states’ slates of electoral votes.”
“Fortunately, those efforts failed, and the rightful winners took office. But the threat of confusion remains. Left unclosed, loopholes in the act could allow a repeat of the same destructive path that occurred in 2021.”
