SEASON 3

Principles to Guide Electoral Count Act Reform

In April 2022, at the invitation of the leadership of The American Law Institute, a group whose members span a range of legal and political views, came together to consider possible Electoral Count Act (ECA) reforms. Despite holding diverse legal, political, and ideological commitments, the group is united by the belief that Congress should reform the ECA before the 2024 presidential election. The group has agreed on several general principles that should guide ECA reform, as well as specific proposals as to what ECA reform should seek to accomplish. Because of the need for quick action, this project has not gone through the typical ALI bicameral process, which requires approval by both our Council and membership, and therefore cannot be considered the official work of the Institute. 

In this episode of Reasonably Speaking, David F. Levi is joined by the project’s co-chairs, Bob Bauer and Jack Goldsmith, who explain the purpose of the project and walk through the General and Specific Principles.

This podcast episode is jointly produced by the ALI and the Bolch Judicial Institute at Duke Law School.

SUPPLEMENTARY RESOURCES

 

A transcript of the full episode is available here. Please excuse typos due to inaudible passages or transcription errors.

 

Statement of Principles for ECA Reform

Co-Chairs: Bob Bauer and Jack Landman Goldsmith (April 4, 2022).

Bipartisan Group Issues Principles to Guide Electoral Count Act Reform

The American Law Institute, Press Release (April 4, 2022).

Bush v. Gore

Director's Letter: The ALI Convenes a Group to Address Electoral Count Act Reform

Revesz, Richard L., Director's Letter: The ALI Convenes a Group to Address Electoral Count Act Reform (May 2, 2022). The ALI Reporter, Vol. 44, No. 2, Spring 2022.

More on Electoral Count Act Reform Principles (May 2, 2022)