Donald Trump just made it more likely that Congress will change the election rules in 2024

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“If the Vice President (Mike Pence) has‘ absolutely no right ’to change the results of the Presidential Election in the Senate, despite fraud and many other irregularities, how about Democrats and RINO Republicans, like Wacky Susan Collins, is desperately trying to pass a law that will not allow the Vice President to change the election results, “Trump asked in a statement from his Save America PAC on Sunday night. “Honestly, they say, Mike Pence does have the right to change the outcome, and they want to take that right away. Unfortunately, he didn’t use that power, he could have overthrown the Election!”

Whoa boy.

The question here is exactly what role the vice president should play in counting Electoral College votes from the states-and whether the current language of the law leaves much to be desired.

The language was introduced following the 1876 presidential election between Republican Rutherford B. Hayes and Democrat Samuel Tilden, when Oregon, Louisiana, Florida and South Carolina submitted two different voter lists. A commission was then formed to decide which voters should be recognized, and narrowly voted in Hayes ’favor.

Soon, an effort began to clarify the language surrounding electoral vote counting. “The president of the Senate shall, in the presence of the Senate and House of Representatives, open all certificates, and the votes shall be counted,” Article II, Section 1 of the U.S. Constitution states.

That effort led to the Electoral Count Act, which was designed to clarify issues such as those that arose in 1876.

Here is the relevant part of that gesture:

“If more than one return or paper purporting to be a return from a State is received by the President of the Senate, the votes, and those only, shall be counted as must be regularly given by the voters shown by the decision that referred to in section 5 of this title is appointed, if the determination in said section provided is made, or by such successors or successors, in the event that a vacancy in the board of voters is determined, as found.appointed to fill. such vacancy in the manner provided by State laws, but in the event that a question arises as to which of the two or more such State authorities determines which voters are appointed, as provided in section 5 of this title , is the legal tribunal of such State, the votes regularly given to those electors, and only those, of such State shall be counted as title holders. a elector the two Houses, acting separately, shall simultaneously decide in favor of th e decision of such State authorized by its law. “

Uh, okay.

Even before Trump’s latest message, there was some interest among Republicans-specifically in the Senate-to clarify and code the role the vice president should play in counting votes in the Electoral College.

A bipartisan group of senators, which includes GOP Sens. Susan Collins of Maine and Mitt Romney of Utah-are meeting to amend the Electoral Count Act. Even Republican leaders have suggested they are open to the possibility of clarifying the language of the law. House Minority Leader Kevin McCarthy said he “saw nothing wrong” in pursuing a possible amendment to the law as Senate Minority Leader Mitch McConnell said it about the possibility: “It’s worth, I think, discussing.”

Legislation in Congress tends to be entirely driven by momentum. Elected officials are naturally reactive – they allow outside events to have an undue influence on what they do (and don’t do).

That’s where Trump’s statement will come in. He clarified (again) that he believes Pence fully has the power to throw the election in the House – by citing the double register of voters in seven states.

There is now no debate that there is a clear and current risk to Congress ’ability to verify the number of Electoral Colleges-in 2024 and beyond. Which means, if the Electoral Count Act reforms end up happening, you have, in a strange way, that Donald Trump should thank for it.

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