[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8873 Received in Senate (RDS)]
<DOC>
117th CONGRESS
2d Session
H. R. 8873
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 22, 2022
Received
_______________________________________________________________________
AN ACT
To amend title 3, United States Code, to reform the process for the
counting of electoral votes, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Presidential Election Reform Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Article II and the Twelfth Amendment to the
Constitution govern how our Republic selects the President and
Vice President of the United States. Article II provides that
``each state shall appoint, in such manner as the legislature
may direct, a number of electors, equal to the whole number of
Senators and Representatives to which the State may be entitled
in the Congress.'' (Constitution, article II, section 1, clause
2). Article II provides that Congress has the authority to
regulate the timing of such elections by setting the ``time''
of the Presidential election and the ``day'' on which
presidential electors cast their votes (Constitution, article
II, section 1, clause 4). The Twelfth Amendment identifies
Congress' responsibility for counting electoral votes: ``The
President of the Senate shall, in the presence of the Senate
and House of Representatives, open all the certificates and the
votes shall then be counted. The person having the greatest
number of votes for President, shall be the President, if such
number be a majority of the whole number of Electors
appointed.''. Congress' authorities in these respects are
further bolstered by the Necessary and Proper Clause of the
Constitution (article I, section 8, clause 18).
(2) ``On January 6, 2021, a mob professing support for
then-President Trump violently attacked the United States
Capitol in an effort to prevent a Joint Session of Congress
from certifying the electoral college votes designating Joseph
R. Biden the 46th President of the United States.'' Trump v.
Thompson, 20 F.4th 10, 15 (D.C. Cir. 2021), cert. denied, 142
S. Ct. 1350 (2022). This constituted ``the single most deadly
attack on the Capitol by domestic forces in the history of the
United States.'' Trump, 20 F.4th at 35. ``Then-Vice President
Pence, Senators and Representatives were all forced to halt
their constitutional duties and flee . . . for safety.'' Id. at
16. ``The events of January 6, 2021 marked the most significant
assault on the Capitol since the War of 1812.'' Id. at 18-19.
(3) The Electoral Count Act of 1887 should be amended to
prevent other future unlawful efforts to overturn Presidential
elections and to ensure future peaceful transfers of
Presidential power.
(4) The reforms contained in this Act are fully consistent
with States' constitutional authority vested by Article II to
appoint electors; the reforms herein do not restrict the mode
in which States lawfully appoint their respective electors or
resolve related contests or controversies, but instead ensure
that those appointments, and the votes cast by those electors,
are duly transmitted to Congress.
SEC. 3. TIMING OF APPOINTING ELECTORS.
Section 1 of title 3, United States Code, is amended--
(1) by striking the period at the end and inserting ``, in
accordance with State laws duly enacted prior to such day.'';
and
(2) by striking ``in every fourth year succeeding every
election of a President and Vice President'' and inserting ``in
each year that is evenly divisible by four''.
SEC. 4. PERMITTING EXTENSION OF TIME FOR PRESIDENTIAL ELECTION IN EVENT
OF CATASTROPHIC EVENT POTENTIALLY AFFECTING OUTCOME.
(a) Extension of Time for Election.--Section 2 of title 3, United
States Code, is amended to read as follows:
``Sec. 2. Limited extension of time for appointing electors
``(a) Criteria for Extending Time for Voting in Presidential
Elections.--If a State provides for the State's electors to be
appointed by popular election pursuant to State laws duly enacted prior
to the day fixed by section 1 of this title, the time for voting in
such election shall, in accordance with the procedures described in
subsection (b), be extended beyond the day fixed by section 1 of this
title if a candidate for President who appears on the ballot in the
State demonstrates by clear and convincing evidence in an action filed
under subsection (b) that--
``(1) a catastrophic event has occurred in the State;
``(2) the catastrophic event has prevented a substantial
portion of the State's electorate from casting a ballot on such
day, or caused a substantial portion of ballots already cast to
be destroyed or rendered unreadable by such event without
sufficient notice to affected voters by such day; and
``(3) the number of voters prevented from casting a ballot
by such event, the number of ballots destroyed or rendered
unreadable by such event, or the total of both such numbers, is
sufficient in number to potentially affect the ability of that
candidate to win the election with respect to one or more
presidential electors.
``(b) Procedures.--
``(1) Authorizing filing of action by candidate.--A
candidate for President who appears on the ballot of the State,
and no other person, may file an action against the chief State
election official of the State in the district court of the
United States for the judicial district in which the capital of
the State is located to seek an extension of the time for
voting in the election under this section. Such district court
shall have original and exclusive jurisdiction of any such
action.
``(2) Determination by three-judge court.--
``(A) In general.--Any action under this subsection
shall be heard and determined by a court of 3 judges
convened pursuant to section 2284 of title 28, United
States Code, except that subsection (b)(2) of such
section shall not apply to any such action, and any
determination with respect to such an action shall be
reviewable only by appeal directly to the Supreme Court
of the United States.
``(B) Expedited consideration.--It shall be the
duty of the district court described in paragraph (1)
and the Supreme Court of the United States to advance
on the docket and to expedite to the greatest extent
possible the disposition of any action or appeal under
this subsection.
``(3) Criteria for decision.--The court shall require the
time for voting in the election to be extended under this
section only if the court finds by clear and convincing
evidence that the criteria of subsection (a) are met.
``(4) Scope of extended voting period.--
``(A) Period of extension.--If the court finds that
the criteria of subsection (a) are met, the court
shall, except as provided in subparagraph (C), order an
extended voting period that shall be for the shortest
duration necessary in light of the catastrophic event
justifying the extension, so long as such extended
voting period concludes not later than 5 days after the
day fixed by section 1 of this title.
``(B) Implementation of extension.-- The time for
voting in an election which is extended under this
section shall only be extended in the area in the State
specifically and directly affected by the catastrophic
event, and, to the extent practicable, all ballots cast
on or prior to the day fixed by section 1 of this title
that are otherwise valid under State law duly enacted
prior to such day shall be counted, and voters who cast
such ballots shall not be required to take further
action to take into account the extension of time for
the election under this section.
``(C) Impossibility of implementation.--If the
court finds that the criteria of subsection (a) are
met, but that it is impossible for the State to
administer an extended voting period as a result of the
catastrophic event, the court shall issue a declaratory
judgment to that effect and, to the extent practicable,
all ballots cast on or prior to the day fixed by
section 1 of this title that are otherwise valid under
State law duly enacted prior to such day shall be
counted.
``(5) Right to intervene.--Only a candidate for President
who appears on the ballot of the State may intervene in an
action filed with respect to the State under this subsection.
``(6) Sanctions.--If, on the court's own initiative or the
motion of a party, the court finds that the candidate filing an
action under this subsection did not have a good-faith basis
for the factual or legal contentions asserted in the action,
the candidate's attorneys of record and their law firms shall
be jointly and severally liable for an amount equal to 3 times
the full attorney's fees and other expenses incurred by each
other party to the action.
``(7) Deadline.--
``(A) In general.--An action under this subsection
must be filed not later than the day after the day
fixed for the election by section 1 of this title.
``(B) Exception.--If the catastrophic event
prevents the appropriate court from accepting the
filing of an action under this subsection, the action
must be filed in another district court of the United
States capable of accepting the filing most proximate
to the judicial district in which the capital of the
State is located.
``(8) Chief state election official defined.--In this
subsection, the term `chief State election official' has the
meaning given such term in section 253(e) of the Help America
Vote Act of 2002 (52 U.S.C. 21003(e)).
``(c) Catastrophic Event Defined.--
``(1) Definition.--In this section, the term `catastrophic
event' means a major natural disaster, an act of terrorism, or
a widespread power outage, so long as such event is on a scale
sufficient to prevent a substantial portion of a State's
electorate from casting a ballot on the day fixed by section 1
of this title, or such event causes a substantial number of
ballots already cast in a State to be destroyed or rendered
unreadable.
``(2) Other definitions.--In paragraph (1)--
``(A) the term `act of terrorism' means an activity
that involves acts dangerous to human life that are a
violation of the criminal laws of the United States or
of any State, and that appear to be intended--
``(i) to intimidate or coerce a civilian
population;
``(ii) to influence the policy of a
government by intimidation or coercion; or
``(iii) to affect the conduct of a
government by mass destruction, assassination,
or kidnapping; and
``(B) the term `major natural disaster' means any
natural catastrophe (including any hurricane, tornado,
historically significant widespread snowstorm,
historically significant widespread flooding,
historically significant destructive fire, tidal wave,
tsunami, earthquake, or volcanic eruption that causes
great damage or loss of life).
``(d) Rules of Construction.--Nothing in this section may be
construed--
``(1) to limit the application of any State or Federal
protection of the right to vote in an election during the
period during which the time for voting is extended under this
section;
``(2) to preclude a court in an action filed under
subsection (b) from ordering sanctions otherwise authorized by
law; or
``(3) to affect the manner in which, or circumstances under
which, other elections under other provisions of law may be
postponed or extended.''.
(b) Conforming Amendment Relating to the Mayor of the District of
Columbia.--Section 21 of such title is amended by adding at the end the
following:
``(c) `Governor' includes the Mayor of the District of Columbia.''.
(c) Clerical Amendment.--The table of sections of chapter 1 of such
title is amended by amending the item relating to section 2 to read as
follows:
``2. Limited extension of time for appointing electors.''.
SEC. 5. TIMING OF ENACTMENT OF LAWS PROVIDING FOR VACANCIES IN
ELECTORAL COLLEGE.
Section 4 of title 3, United States Code, is amended--
(1) by striking ``by law'' and inserting ``by laws duly
enacted prior to the day fixed by section 1 of this title for
the appointment of electors''; and
(2) by adding at the end the following new sentence:
``Vacancies occurring after the day fixed by section 1 of this
title for the appointment of electors shall be filled only by
alternative electors appointed under State law pursuant to this
section.''.
SEC. 6. REPEAL OF ``SAFE HARBOR'' RULES FOR DETERMINATION OF
CONTROVERSY REGARDING APPOINTMENT OF ELECTORS.
(a) Repeal.--Title 3, United States Code, is amended by striking
section 5.
(b) Clerical Amendment.--The table of sections of such title is
amended by striking the item relating to section 5.
SEC. 7. CERTIFICATES OF APPOINTMENT OF ELECTORS.
(a) In General.--Section 6 of title 3, United States Code, is
amended to read as follows:
``Sec. 6. Credentials of electors; transmission to Archivist of the
United States and to Congress; enforcement; public
inspection
``(a) Duties of Governor With Respect to Certification of
Electors.--
``(1) Obligation to certify.--Not later than December 14,
the Governor of each State shall certify the appointment of the
electors for the State in compliance with section 1 or, if
applicable, section 2 of this title.
``(2) Transmission to archivist of the united states.--The
Governor of a State shall, immediately after certifying the
appointment of electors for the State under paragraph (1)--
``(A) transmit under the seal of such State the
certificate of the appointment of electors under
paragraph (1) to the Archivist of the United States by
the most expeditious method available and by secure
electronic transmission; and
``(B) make such certificate publicly available on
the date of such transmission to the Archivist.
``(3) Transmission of duplicate-originals to electors.--The
Governor of a State shall deliver to the electors of such State
6 duplicate-originals of the certificate described in paragraph
(2) under the seal of the State not later than the date
specified in section 7 of this title.
``(b) Preservation and Transmission of Certificate.--The Archivist
of the United States shall--
``(1) preserve any certificate received under subsection
(a) for 1 year as part of the public records of the office of
the Archivist open to public inspection; and
``(2) immediately transmit to the two Houses of Congress
copies in full of each such certificate received by the most
expeditious method available and by secure electronic
transmission.
``(c) Enforcement.--
``(1) Actions against governor.--
``(A) Actions authorized.--Any candidate for
President or Vice President who appears on the ballot
in a State who is aggrieved by a violation of
subsection (a) with respect to such State, including by
failing to certify the appointment of electors or
because the certification does not accurately reflect
the final election results of the State as modified by
any recount or judicial or administrative proceeding
conducted pursuant to State or Federal laws duly
enacted prior to the day fixed by section 1 of this
title, may file an action against the Governor for such
declaratory, injunctive, or other appropriate relief in
the district court of the United States for the
judicial district in which the capital of the State is
located to ensure the issuance and transmission of the
certificate of appointment in compliance with the
requirements of subsection (a), the Constitution of the
United States, and any other Federal law.
``(B) Relief.--Such district court shall have
original and exclusive jurisdiction of any such action
and shall issue any appropriate relief, including, in
appropriate cases, injunctive relief ordering the
Governor of the State to issue, transmit, or revise the
certificate of appointment of electors under subsection
(a)(1), or other appropriate relief sufficient to
ensure the transmission of the lawful certificate of
appointment. If the Governor refuses to issue,
transmit, or revise such certificate in compliance with
the district court's order, the court shall direct
another official of the State to issue, transmit, or
revise the certificate of appointment of electors under
such subsection.
``(2) Actions against archivist.--Any candidate for
President or Vice President who appears on the ballot in a
State who is aggrieved by a violation of subsection (b) with
respect to the failure of the Archivist to transmit a
certificate of appointment may file an action for such
declaratory, injunctive, or other appropriate relief in the
United States District Court for the District of Columbia, and
such district court shall have original and exclusive
jurisdiction of any such action, and shall issue any relief
necessary to ensure the transmission of the certificate of
appointment in compliance with the requirements of subsection
(b).
``(3) Determination by three-judge court.--
``(A) In general.--Any action described in this
subsection shall be heard and determined by a court of
3 judges convened pursuant to section 2284 of title 28,
United States Code, except that subsection (b)(2) of
such section shall not apply to any such action, and
any determination with respect to such an action shall
be reviewable only by appeal directly to the Supreme
Court of the United States.
``(B) Expedited consideration.--The court described
in subparagraph (A) shall issue any relief under this
subsection as promptly as possible but in no case later
than December 19 such that a final order of the court
on remand of the Supreme Court of the United States may
occur not later than December 22.
``(d) Conclusive Effect of Certificates.--
``(1) In general.--In the joint session of Congress to
count electoral votes pursuant to section 15 of this title, the
certificate of appointment transmitted by the Governor of a
State under subsection (a)(2), subject to any modification
pursuant to a court order under subsection (c)(1), shall be
accepted as conclusive with respect to the appointment of
electors for such State, except that, in the case no such
certificate is transmitted by the Governor of a State, or the
certificate transmitted by the Governor does not comply with
revisions ordered by the court pursuant to subsection (c)(1),
the certificate of appointment for the State transmitted by
another official of the State pursuant to a court order under
subsection (c)(1) shall be accepted as conclusive with respect
to the appointment of electors for such State.
``(2) Special rule with respect to final determination of
judicial proceeding.--In the case that a certificate of
appointment is subject to a final determination by a Federal
and a State judicial proceeding, the certificate as modified by
the final determination of the Federal judicial proceeding
shall be accepted as conclusive with respect to the appointment
of electors for such State to the extent that there is any
inconsistency between such determinations.
``(e) Rule of Construction.--Nothing in this section may be
construed to preempt any action conducted pursuant to State law duly
enacted prior to the day fixed by section 1 of this title or affect the
right of any person to bring an action under any other Federal law.''.
(b) Clerical Amendment.--The table of sections of chapter 1 of such
title is amended by amending the item relating to section 6 to read as
follows:
``6. Credentials of electors; transmission to Archivist of the United
States and to Congress; enforcement; public
inspection.''.
SEC. 8. DATE OF MEETING AND VOTE OF ELECTORS.
Section 7 of title 3, United States Code, is amended--
(1) by striking ``the first Monday after the second
Wednesday in December'' and inserting ``the twenty third of
December''; and
(2) by inserting ``, except that if the twenty third of
December falls on a Saturday or Sunday, the electors shall meet
and give their votes, in the case of a Saturday, on the
preceding day, and, in the case of a Sunday, on the following
day'' after ``State shall direct''.
SEC. 9. DISPOSITION OF CERTIFICATES AND LISTS.
(a) Electronic Transmission of Certificates of Electors.--Section
11 of title 3, United States Code, is amended--
(1) in the undesignated paragraph beginning with
``First.'', by striking ``registered mail'' and all that
follows and inserting ``the most expeditious method available
to the President of the Senate at the seat of government and
shall, on the same day, transmit a facsimile of the same in a
secure, electronic manner.''; and
(2) in the undesignated paragraph beginning with
``Third.''--
(A) by striking ``registered mail'' and inserting
``the most expeditious method available''; and
(B) by adding at the end the following: ``They
shall, on the same day, transmit facsimiles of the same
to the Archivist of the United States in a secure,
electronic manner.''.
(b) Failure of Certificates To Be Delivered.--
(1) Demand on state.--Section 12 of such title is amended--
(A) by striking ``the fourth Wednesday in
December'' and inserting ``December 30''; and
(B) by striking ``registered mail'' and all that
follows and inserting the following: ``the most
expeditious method available to the President of the
Senate at the seat of government and to immediately
transmit a facsimile of the same in a secure,
electronic manner.''.
(2) Demand on judge.--Section 13 of such title is amended--
(A) by striking ``votes'' each place it appears and
inserting ``votes and list'';
(B) by striking ``the fourth Wednesday in
December'' and inserting ``December 30''; and
(C) by striking ``list by the hand'' and all that
follows and inserting the following: ``certificate and
list by the hand of such messenger to the seat of
government and shall immediately transmit a facsimile
of the same in a secure, electronic manner.''.
(c) Increase in Penalty for Neglect of Duty.--Section 14 of such
title is amended--
(1) by striking ``electors'' and inserting ``electors and
list''; and
(2) by striking ``$1,000'' and inserting ``$25,000''.
SEC. 10. COUNTING ELECTORAL VOTES IN CONGRESS.
(a) Procedures at Joint Session.--Section 15 of title 3, United
States Code, is amended to read as follows:
``Sec. 15. Counting electoral votes in Congress
``(a) Procedures at Joint Session.--
``(1) In general.--Congress shall be in session on the
sixth day of January succeeding every meeting of the electors.
The Senate and House of Representatives shall meet in the Hall
of the House of Representatives at the hour of 1 o'clock in the
afternoon on that day, and the President of the Senate (or, in
the absence of the President, the President pro tempore) shall
be their presiding officer. Such joint session of the Senate
and House of Representatives shall not be dissolved until the
count of electoral votes shall be completed and the result of
such count declared.
``(2) Authority of presiding officer at joint session.--
``(A) Power to preserve order.--The presiding
officer shall have power to preserve order, and no
debate shall be allowed and no question shall be put by
the presiding officer except as provided by this
section.
``(B) No discretionary power.--The role of the
presiding officer is ministerial. Except with respect
to the procedures described in this section, the
presiding officer shall not have any power to determine
or otherwise resolve disputes concerning the proper
list of electors for a State, the validity of electors
for a State, or the votes of electors of a State.
Except as provided for in this section, the presiding
officer shall not order any delay in counting or
preside over any period of delay in counting electoral
votes.
``(3) Reading of certificates.--
``(A) In general.--The presiding officer shall, in
the alphabetical order of the States, beginning with
the letter A, open the sealed certificate in which is
contained the signed certificates of votes and the
annexed list of electors appointed for each State, and
shall read aloud the names of the list of electors
appointed for each State according to the certificate
received. The presiding officer shall present the
certificate of electoral votes cast by the State's
appointed electors to the tellers for the purpose of
reading such certificates pursuant to subparagraph (B).
``(B) Reading of certificates by tellers.--Two
tellers shall be previously appointed on the part of
the Senate and two on the part of the House of
Representatives. Upon the reading by the tellers of any
such certificate of electoral votes, the presiding
officer shall call for objections to such certificate
pursuant to the rules described in subsection (c), if
any.
``(C) Result of electoral vote count.--After having
read the certificates of each State in the presence and
hearing of the two Houses, the tellers shall make a
list of the votes as they shall appear from the
certificates, and the votes having been ascertained and
counted according to the requirements of this section,
the result shall be delivered to the presiding officer,
who shall thereupon announce the state of the vote.
Such announcement shall be deemed a sufficient
declaration of the persons, if any, elected President
and Vice President of the United States, and shall,
together with a list of the votes, be entered on the
Journals of the two Houses.
``(4) Motions in order at joint session.--No motion shall
be received in the joint session except--
``(A) a motion pursuant to subsection (b) of this
section in relation to the appointment of electors from
a State; or
``(B) a motion to recess.
``(5) Requirements for actions in order at joint session.--
``(A) In general.--An objection, appeal, or motion
shall not be received by the presiding officer unless
such action--
``(i) is submitted in writing and states
clearly and concisely, and without argument,
the ground for such action;
``(ii) is signed by at least one third of
each House of Congress; and
``(iii) in the case of a motion to recess,
states a time certain, in accordance with
paragraph (6), at which the joint session will
resume proceedings.
``(B) Restriction on motion to recess.--A Senator
or Representative may sign only one motion to recess
received by the presiding officer during joint session
proceedings with respect to a single State.
``(C) Appeals.--
``(i) In general.--If an appeal is
submitted in accordance with subparagraph
(A)(i), the Clerk of the House of
Representatives shall maintain the written
appeal at the desk and the presiding officer
shall provide Senators and Representatives with
a sufficient opportunity to sign it before
proceeding which shall not exceed 15 minutes.
``(ii) Prohibition against withdrawal of
appeal.--An appeal submitted in accordance with
subparagraph (A)(i) may not be withdrawn
following submission, and only one such appeal
may be submitted with respect to a ruling of
the presiding officer.
``(iii) Form.--The presiding officer shall
put the question on any appeal as follows:
`Shall the decision of the presiding officer be
overturned?'.
``(D) Threshold to adopt.--A majority vote of both
Houses shall be required for the adoption of any
question received during the joint session, except that
a majority vote of either House shall be required for
the adoption of a motion to recess.
``(6) Recess.--A motion to recess must state the time
certain for the resumption of proceedings in the joint session,
the Senate, or the House, and may not state a time beyond the
next calendar day at the hour of 10 o'clock in the forenoon. If
the proceedings of the joint session have not been completed in
three calendar days, no further recess may be taken.
``(7) Debate.--
``(A) Debate of certain actions.--
``(i) In general.--Except as provided in
clause (ii), any question received by the
presiding officer pursuant to paragraph (5)
shall be reported in the joint session, and
such question shall be submitted to each House,
which shall each withdraw for a period of
debate described in subparagraph (B).
``(ii) Exception for motion to recess.--A
motion to recess shall not be subject to
debate.
``(B) Length of debate.--The time for debate of any
question shall be limited to--
``(i) in the case of any motion that is
made under subsection (b), two hours equally
divided and controlled by the majority leader
and minority leader of each House or their
respective designees;
``(ii) in the case of any objection that is
made under subsection (c), two hours equally
divided and controlled by the majority leader
and minority leader of each House or their
respective designees; and
``(iii) in the case of any appeal of a
decision of the presiding officer, 30 minutes
equally divided and controlled by the majority
leader and minority leader of each House or
their respective designees.
``(C) Single debate for multiple motions in
relation to appointment of electors.--If more than one
motion in relation to the appointment of electors from
a State is made under subsection (b) that satisfies the
requirements of paragraph (5), such motions shall be
debatable for a single period of two hours as provided
in subparagraph (B)(i).
``(D) Single debate for multiple objections.--If
more than one objection with respect to any vote from a
State is made under subsection (c) that satisfies the
requirements of paragraph (5), such objections shall be
debatable for a single period of two hours as provided
in subparagraph (B)(ii).
``(E) Special rule regarding length of debate.--If
the proceedings of the joint session have not been
completed in five calendar days, the presiding officer
may reduce the length of debate for any question to not
less than 30 minutes equally divided and controlled by
the majority leader and minority leader of each House
or their respective designees.
``(b) Rules for Identifying the Duly Appointed Electors of a
State.--
``(1) In general.--The presiding officer shall announce the
electors whose appointments are reflected in a certificate that
is received under section 6 of this title. Pursuant to section
6 of this title, such electors shall be the conclusive
appointed electors for the State, and in no case shall the
presiding officer or the joint session consider any other
person to be an appointed elector for a State.
``(2) Motions in relation to the appointment of electors.--
After the declaration of the presiding officer under paragraph
(1) with respect to a State, the following motions may be
submitted:
``(A) A motion to reject the declaration of the
appointment of electors for the State by the presiding
officer under paragraph (1) on the grounds that the
certificate of appointment presented by the presiding
officer is not conclusive under section 6 of this title
and to receive a certificate of appointment from the
State that is conclusive under section 6 of this title.
``(B) In the absence of any presentation of a
certificate from a State by the presiding officer, a
motion to receive a certificate of appointment from the
State that is conclusive under section 6 of this title.
``(3) Voting by the houses.--
``(A) In general.--When all motions offered
pursuant to paragraph (2) with respect to a State have
been received and read in the joint session, the Senate
shall thereupon withdraw, and such motions shall be
submitted to the Senate for its decision, and the
Speaker of the House of Representatives shall submit
such motions to the House of Representatives for its
decision.
``(B) Announcement of decision.--When the two
Houses have voted, they shall immediately resume
proceedings in the joint session, and the presiding
officer shall announce the decision on any such
motions.
``(4) Announcement of appointment of electors.--If a motion
under paragraph (2) is adopted, the presiding officer shall
declare the list of electors that was received under such
motion to be the appointed electors for the State.
``(c) Objections to Certificate of Electoral Votes.--
``(1) In general.--Once the joint session has identified
the duly appointed electors of a State pursuant to the
procedures described in subsection (a) and the rules described
in subsection (b), the presiding officer shall call for
objections, if any, to one or more electoral votes cast by the
electors of the State on the grounds specified in paragraph
(2). No votes from a State shall be acted upon until any
objections made to the votes from a State under this subsection
have been decided.
``(2) Grounds for objections.--To raise an objection under
this subsection, a Member must submit such objection pursuant
to the requirements of subsection (a)(5) and specify in writing
the number of electoral votes objected to and one of the
following grounds for the objection:
``(A) The State in question was not validly a State
at the time its electors cast their electoral votes and
is thus not entitled to such votes, except that such
objection may not be raised with respect to the
District of Columbia.
``(B) The State in question submitted more votes
than it is constitutionally entitled to, and thus a
corresponding number of its purported votes should be
rejected.
``(C) One or more of the State's electors are
constitutionally ineligible for the office of elector
under article II, section I, clause 2 or section 3 of
the Fourteenth Amendment of the Constitution of the
United States, except if a State has replaced the
ineligible elector with an eligible elector pursuant to
the authority described in section 4 of this title
prior to the casting of electoral votes by its
electors, then it shall not be in order to cite the
initial appointment of the ineligible elector as
grounds for raising an objection under this
subparagraph.
``(D) One or more of the State's electoral votes
were cast for a candidate who is ineligible for the
office of President or Vice President pursuant to--
``(i) article I, section 3, clause 7 of the
Constitution of the United States;
``(ii) article II, section 1, clause 5 of
the Constitution of the United States;
``(iii) section 3 of the Fourteenth
Amendment to the Constitution of the United
States; or
``(iv) section 1 of the Twenty-second
Amendment to the Constitution of the United
States.
``(E) One or more of the State's electoral votes
were cast in violation of the requirements enumerated
by article II, section 1, clause 4 of the Constitution
of the United States by failing to vote on the date
specified in section 7 of this title, or one or more of
the State's electoral votes were cast in violation of
the Twelfth Amendment to the Constitution of the United
States by failing to be cast--
``(i) by ballot; or
``(ii) distinctly for the offices of
President and Vice President, one of whom is
not an inhabitant of the elector's State.
``(3) Voting by the houses.--
``(A) In general.--When all objections offered
pursuant to paragraph (1) with respect to a State have
been received and read in the joint session, the Senate
shall thereupon withdraw, and such objections shall be
submitted to the Senate for its decision, and the
Speaker of the House of Representatives shall submit
such objections to the House of Representatives for its
decision.
``(B) Announcement of decision.--When the two
Houses have voted, they shall immediately resume
proceedings in the joint session, and the presiding
officer shall announce the decision on any such
objections.
``(d) Effect of Rejection of Electoral Votes.--
``(1) Effect of rejection of electoral votes.--If a State's
electoral votes are rejected under subsection (c)(2)--
``(A) in the case a State's electoral votes are
rejected pursuant to an objection under subparagraph
(A), (B), or (C) of such subsection, the whole number
of electors appointed for purposes of the Twelfth
Amendment of the Constitution of the United States
shall be reduced by the number of rejected electoral
appointments; and
``(B) in the case a State's electoral votes are
rejected pursuant to an objection under subparagraph
(D) or (E) of such subsection, the whole number of
electors appointed for purposes of the Twelfth
Amendment of the Constitution of the United States
shall be unaffected.
``(2) Constitutional ineligibility.--For the purposes of
section 3 of the Twentieth Amendment of the Constitution of the
United States, in the case an objection is sustained under
subsection (c)(2)(D)--
``(A) the electoral votes cast for such candidate
shall be counted for the purposes of determining
whether the candidate has been elected under such
amendment;
``(B) such candidate shall be deemed to have failed
to qualify under such amendment; and
``(C) subparagraphs (A) and (B) shall apply with
respect to any electoral votes cast for such candidate
from any other State that are otherwise valid under
this section, except that nothing in this paragraph
shall be construed to prohibit a Member from objecting
to any such electoral votes on other grounds described
in subsection (c)(2).''.
(b) Conforming Amendment.--Title 3, United States Code, is amended
by striking sections 16 through 18.
(c) Clerical Amendment.--The table of sections of such title is
amended by striking the items relating to sections 16 through 18.
SEC. 11. PROTECTION OF TABULATION AND CERTIFICATION.
(a) Prohibition.--With respect to an election for the office of
President, Vice President, or presidential elector, no person acting
under color of law shall willfully fail or refuse to--
(1) tabulate, count, or report any vote that is timely cast
and is otherwise valid under applicable State and Federal law;
or
(2) certify the aggregate tabulations of such votes or
certify the election of the candidates receiving sufficient
such votes to be elected to office.
(b) Enforcement.--
(1) Authorizing filing of action by candidate.--Any
candidate for President, Vice President, or presidential
elector who appears on the ballot in a State who is aggrieved
by a violation of subsection (a) may file an action for such
declaratory and injunctive relief as may be appropriate in the
district court of the United States for the judicial district
in which the capital of the State is located.
(2) Determination by three-judge court.--
(A) In general.--An action described under this
subsection shall be heard and determined by a court of
3 judges convened pursuant to section 2284 of title 28,
United States Code, except that subsection (b)(2) of
such section shall not apply to any such action, and
any determination with respect to such an action shall
be reviewable only by appeal directly to the Supreme
Court of the United States.
(B) Expedited consideration.--It shall be the duty
of the district court described in this subsection and
the Supreme Court of the United States to advance on
the docket and to expedite to the greatest extent
possible the disposition of any action or appeal under
this subsection.
(c) Rule of Construction.--Nothing in this section may be construed
to preempt any action conducted pursuant to State law duly enacted
prior to the day fixed by section 1 of title 3, United States Code, or
affect the right of any person to bring an action under any other
Federal law.
SEC. 12. SEVERABILITY.
If any provision of this Act or an amendment made by this Act, or
the application of any provision of this Act or an amendment made by
this Act to any person or circumstance, is held to be unconstitutional,
the remainder of this Act, and the application of such provision or
amendment to any other person or circumstance, shall not be affected by
the holding.
Passed the House of Representatives September 21, 2022.
Attest:
CHERYL L. JOHNSON,
Clerk.
By Kevin F. McCumber,
Deputy Clerk.