“We are a court of law, not policymakers of last resort.”
Apparently the rightwing is upset that the Senate made some changes to the Electoral Count Act based on my recommendations.https://t.co/PcSzpSRNC6
— Marc E. Elias (@marceelias) December 22, 2022
Former Virginia Attorney General Ken Cuccinelli issued the following statement: “For the last two years, Republicans have rejected Democrat attempts to override and rig state election laws for partisan gain, but now Republicans in the Senate appear willing to let the Democrats’ latest attempt slide. The legislation is fundamentally flawed because the Constitution explicitly makes clear that states determine the outcome of presidential elections, unfortunately, this latest re-write strips states and their duly elected officials of their rights in an act of unprecedented judicial supremacy.
“It’s unfortunate that Republicans didn’t confront this scheme in committee. We applaud Sen. Cruz for standing behind free and fair elections with his opposition to the amended bill. We urge lawmakers to preserve the rights of states to certify their own electors and to reject Democrats’ attempt to buoy their failed federal takeover to elections.”
The managers’ amendment, with Elias’ desired changes, stipulates that a governor’s certification is not conclusive and can be overridden by changes made by a court, stating “Any certificate of ascertainment of appointment of electors required to be issued or revised by any State or Federal judicial relief granted prior to the date of the meeting of electors shall replace and supersede any other certificates submitted pursuant to this section.”
I hope there is a way to get constitutional judicial review of this section of the Omnibus. Of the nine Republicans who voted for this bill, only two will be in Congress 2023-24. This voting record does not bode well for the 2023, very slim majority, Republican Congress. It also says something about the bill, when congressmen leaving decided to vote for it.