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The Electoral Count Act of 1887 (ECA) (Pub. L. 49–90, 24 Stat. 373, [1] later codified at Title 3, Chapter 1 [2]) is a United States federal law that added to procedures set out in the Constitution of the United States for the counting of electoral votes following a presidential election.
The new federal deadline came out of the Electoral Count Reform Act of 2022, a law that Congress passed and President Joe Biden signed as a way to try to prevent the kind of post-election chaos ...
If a county or state doesn't certify its results on time, the Electoral Count Reform Act doesn't provide a way for the state's electoral votes to be counted by Congress on Jan. 6.
In 1887, Congress passed the Electoral Count Act, now codified in Title 3, Chapter 1 of the United States Code, establishing specific procedures for the counting of the electoral votes. The law was passed in response to the disputed 1876 presidential election , in which several states submitted competing slates of electors.
After a presidential election, [2] [3] the ascertainment is submitted by the governor of each state (and by the mayor of the District of Columbia) to the Archivist of the United States [4] [5] [6] and others, [7] in accordance with 3 U.S.C. §§ 6–14 [8] [9] the Electoral Count Act, [10] [11] and the Electoral Count Reform and Presidential Transition Improvement Act of 2022.
The legislation would also make it more difficult to challenge a state's presidential election results.
The Electoral College meeting occurs on the Tuesday after the second Wednesday in December, which was December 17 in 2024. Each state’s electors meet in their state and cast their votes.
The count of the Electoral College ballots during a joint session of the 119th United States Congress, pursuant to the Electoral Count Act and Electoral Count Reform and Presidential Transition Improvement Act of 2022, on January 6, 2025, was held as the final step that confirmed President-elect Donald Trump's victory in the 2024 presidential election over Kamala Harris.