WASHINGTON — A bipartisan group of senators met Wednesday at the Capitol to discuss new laws to prevent future election robbers.
Two sources familiar in the work of the group told NBC News that they are close to a deal. They have settled on a number of new provisions and are currently exploring options for a major unresolved problem.
“We’ve made many major decisions,” said Sen. Susan Collins (R-Maine), who was the leader of the group in an interview prior to the meeting. “We have resolved many issues, but there is still much work that we need to do. I hope we can finish this week.”
Collins stated that there is consensus on the following areas: amending the Electoral Count Act in order to limit the role of the vice president, raising the threshold for objections to electoral votes by Congress, overhauling the transition and protecting election officials against threats.
After a lot of activity by staff and members in recent weeks, the group is now trying to close loopholes within the electoral system. This follows a rush to reach consensus on a cause both lawmakers and party leaders consider urgent. This was the first meeting of members since April. Partly due to President Donald Trump’s failed attempt to exploit legal loopholes to keep him in power, despite having lost the 2020 election, the negotiations were initiated.
Although the senators have yet to reach a definitive agreement, success would allow them to avoid a variety of political pitfalls. To break a filibuster, any bill must have at least 60 votes in order to pass the Senate.
Collins was positive after the meeting and said that it went “very well” and that senators had made “a lot of progress tonight” on each question. Senator Jeanne Shaheen (D-N.H.) walked out with her.
Two sources familiar with the work of the Senate group said that the main problem the Senate group is still working on is how to address “safe harbor” deadline. This is the date when states must certify their presidential election results in order to ensure they are counted independently from Congress. What happens if a state misses the deadline? What happens if a state sends an “alternate list” of voters to a candidate who is losing?
The Senate negotiations took place on a parallel track with the House Jan.6 committee’s highly anticipated prime time hearings, which begin Thursday. After Democrats failed to pass a party line bill to reform voting rights laws across the nation, they began earlier in the year. Bipartisan talks do not focus on access to the ballot, but on how to count votes and ensure that winners are in power.
“I hope that the American people will listen to these hearings to see how close we are in overturning a democratic electoral system. “I do hope that that will propel — that will break new energies behind some of these election reform efforts,” said Sen. Chris Van Hollen (D-Md.) in an interview.
Senator Chris Coons (D-Del.) said that he is still hopeful about a deal.
He stated that he believed the hearings would add energy to the group’s work, which has been going on for months.
Privately, some pro-reform Republicans indicated that they are helped by recent primary victories of Republican legislators who voted to certify President Joe Biden’s victory as well as top Georgia state officials who defied Trump’s attempts to alter the result and defeated his preferred candidates for unseat.
The Jan. 6 select committee of House Democrats hopes that their efforts will inspire Congress to take action.
“We were lucky that the last election was not close, and that Biden won commandingly. It could happen that it is reduced in the future to a single country and an interpretation under the Electoral Count Act. This could create a constitutional crisis.
According to one source, senators are currently exploring three options for resolving confusion surrounding safe harbor provisions.
First, the federal duty is placed on the state officials to timely certify Congress that they have received the certification under the 12th Amendment.
The second is to replace safe harbour provisions with new laws that make it clear Congress can identify any state official legally charged with establishing the state’s electors.
The third is to keep the safe harbour concept intact and inform states that, in order to be eligible for the presumption their submitted electors will be conclusive, prior to Election Day they must notify Congress which official is responsible for sending electors under state law.
The senators are also looking into whether federal courts should have the ability to resolve disputes or challenge relating to state-submitted voters.
Collins stated that they will clarify the role of the vice president is “just ministerial” and that he/she doesn’t have unilateral authority to disregard electoral votes.
She stated that they have agreed to raise the objection threshold to force a vote on whether to count voters from certain states. This will go from the current rule which requires only one senator and one House member to a new rule that requires 20 percent of the lawmakers in both chambers.
Trump’s allies in Congress tried to discredit key electoral votes that were cast for Joe Biden after he lost the 2020 election. They intensified their efforts when Sen. Josh Hawley (Republican from Missouri) provided the Senate’s one vote to force a discussion. Trump tried unsuccessfully to force Vice President Mike Pence not to count pro-Biden voters.
Collins stated that the group would like to reauthorize Election Assistance Commission and allow grants for “Help America Vote Act”, or HAVA, “to be used security purposes for election officials, poll workers, and watchers”
According to the Maine Republican, senators want “better transition rules” between an election and the inauguration of a victor.
Although she didn’t explain what this means, sources close to the talks report that members discussed revisions to 1963’s Presidential Transition Act to ensure that both candidates have access to key resources in the event of close or contested election.
Others Democrats warn that it will take more than new federal laws to prevent future coups — particularly a determination not to allow autocrats to gain power.
“I believe reforming the Electoral Count Act would be a worthwhile endeavor. It’s not clear to my mind that you could create an federal statute to stop a coup,” said Senator Brian Schatz (D-Hawaii), which requires a “collective engagement of everyone within the government.”
