Electoral Count Act of 1887

E1938

The Electoral Count Act of 1887 is a U.S. federal law that sets procedures for resolving disputes over presidential electors and counting electoral votes in Congress.

Aliases (1)

Statements (48)
Predicate Object
instanceOf United States federal statute
election law
addresses objections to electoral votes in joint session of Congress
role of the President of the Senate in counting electoral votes
timing of state determinations of electors
treatment of multiple slates of electors from a state
amendedBy Electoral Count Reform and Presidential Transition Improvement Act of 2022
appliesTo United States presidential elections
codifiedIn Title 3 of the United States Code
codifiedSections 3 U.S.C. §§ 15–18
3 U.S.C. §§ 5–6
country United States
criticizedFor complex and ambiguous statutory language
unclear standards for resolving competing slates of electors
dateEnacted February 3, 1887
enactedBy United States Congress
establishesConcept safe harbor deadline for state determinations of electors
governs joint session of Congress for counting electoral votes
governsOffice President of the United States
Vice President of the United States
influencedBy Electoral Commission of 1877
interpretedAs constraining the Vice President’s role to ministerial functions in counting votes
interpretedInCase Bush v. Gore
jurisdiction United States federal government
language English
legislativeBodyInvolved United States House of Representatives
United States Senate
limitsDebateTime debate on objections in each chamber is time-limited
motivatedBy disputed 1876 United States presidential election
presidentAtEnactment Grover Cleveland
procedure House and Senate withdraw separately to debate objections to electoral votes
both chambers must agree to sustain an objection to exclude an electoral vote
publicLawType federal statute governing electoral vote counting
purpose to clarify the role of Congress in counting electoral votes
to establish procedures for counting electoral votes in Congress
to provide rules for resolving disputes over the appointment of presidential electors
relatedTo Electoral College (United States)
Twelfth Amendment to the United States Constitution
relevantTo 2000 United States presidential election
2020 United States presidential election
requires written objections to electoral votes signed by at least one Senator and one Representative
safeHarborDeadline six days before the meeting of the Electoral College
shortName Electoral Count Act
signedBy Grover Cleveland
statusAfter2022 substantially revised by later legislation
subjectMatter counting of electoral votes
disputes over appointment of electors
yearEnacted 1887

Referenced by (3)

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