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History of us elections. If states electoral votes are disputed for unclear counts on mail in ballots it could trigger a law written in 1887 never updated. 373 is a united states federal law establishing procedures for the counting of electoral votes by congress following a presidential electionthe law has subsequently been codified with some modifications into positive law in title 3 chapter 1 of the united states code which also contains other provisions. The 1887 electoral count act seems like an obscure piece of political trivia.
What happens if theres no clear winner on election night or thereafter. The electoral count act. Election law experts say that congress should clarify a provision to the 133 year old law for picking the president in order to avoid a constitutional crisis if there is no clear electoral college winner by inauguration day.
It was enacted in the aftermath of the disputed 1876 presidential election between rutherford b hayes and samuel j tilden. But ahead of what could be one of the most contested presidential elections in modern history some experts worry that. Election law experts agree the worst case scenario comes down to a murky 1887 law authored a decade after a hotly contested election nearly resulted in two competing inaugurations.
Siegel concluded that partisanship will uh. No one knows whether donald trump or joe biden has won the presidential election. The electoral count act or the electoral count act of 1887 publ.
Apart from the us. The election law in question is section 15 of the electoral count act of 1887. In the 131 page law review article from 2004 the conscientious congressmans guide to the electoral count act of 1887 law professor stephen a.
That little known law took 14 years to. If youre asking the question what should congress do to prepare for november clarifying the provision would be on the top of the list constitutional law. The same 1887 law that provides guidance is also regrettably ambiguous.
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