Congress plans to update 1887 Electoral Count Act but not until after the midterm elections
The legislation would clarify and expand parts of the 1887 Electoral Count Act, which, along with the Constitution, governs how states and Congress certify electors and declare presidential winners. The changes in the certification process are in response to unsuccessful efforts by former President Donald Trump and his allies to exploit loopholes in the law to overturn his 2020 defeat to Joe Biden, and the violent attack on the Capitol by his supporters as Congress counted the votes.