Garamendi Sponsors Amendment to Prevent Partisan State Legislatures from Overturning Lawful Election Results
WASHINGTON, DC—Today, Congressman John Garamendi (D-CA) sponsored an amendment to the "Protecting Our Democracy Act" to prevent the partisan subversion of free and fair elections. Garamendi's amendment strikes an outdated provision in the Electoral Count Act of 1887 that would allow Secretaries of State and State Legislatures to decertify legitimate election results and install their preferred electors against the will of the voters.
Former President Trump attempted to employ this very method following his defeat to President Joe Biden when he asked his supporters in Congress to decertify the lawful results of the 2020 Presidential Election. This led to the actions of January 6th, 2021 when over 60% of the Republican Caucus in the U.S. House of Representatives voted to decertify the 2020 election, subvert the will of the voters, and incite an insurrection at the U.S. Capitol. There is also an indication that President Trump intends to employ these same tactics in the 2024 election.
"Tragically, President Trump's craven effort to exploit loopholes in the Electoral Count Act of 1887 did not end on January 6th," Garamendi said. "Over the last year, Republican state officials have been working to build on the Big Lie by allowing partisan lawmakers to reject the will of the voters and undermine American democracy. These dangerous actions undercut public trust and threaten the integrity of the world's greatest democracy. Simply put, this poorly written 19th-century law is failing us and needs to be modernized," Garamendi concluded.
Garamendi's amendment was not adopted as part of the legislation today, however, he secured assurances that the provision would be included in subsequent legislation.
The full text of Garamendi's amendment is available here.