SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Presidential Election 
Reform Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) Article II and the Twelfth Amendment to 
the Constitution govern how our Republic selects the 
President and Vice President of the United States. 
Article II provides that ‘‘each state shall appoint, in 
such manner as the legislature may direct, a number 
of electors, equal to the whole number of Senators 
and Representatives to which the State may be enti-
tled in the Congress.’’ (Constitution, article II, sec-
tion 1, clause 2). Article II provides that Congress 
has the authority to regulate the timing of such elec-
tions by setting the ‘‘time’’ of the Presidential elec-
tion and the ‘‘day’’ on which presidential electors 
cast their votes (Constitution, article II, section 1, 
clause 4). The Twelfth Amendment identifies Con-
gress’ responsibility for counting electoral votes: 
‘‘The President of the Senate shall, in the presence 
of the Senate and House of Representatives, open all 
the certificates and the votes shall then be counted. 
The person having the greatest number of votes for 
President, shall be the President, if such number be 
a majority of the whole number of Electors ap-
pointed.’’. Congress’ authorities in these respects are 
further bolstered by the Necessary and Proper 
Clause of the Constitution (article I, section 8, 
clause 18). 
(2) ‘‘On January 6, 2021, a mob professing 
support for then-President Trump violently attacked 
the United States Capitol in an effort to prevent a 
Joint Session of Congress from certifying the elec-
toral college votes designating Joseph R. Biden the 
46th President of the United States.’’ Trump v. 
Thompson, 20 F.4th 10, 15 (D.C. Cir. 2021), cert. 
denied, 142 S. Ct. 1350 (2022). This constituted 
‘‘the single most deadly attack on the Capitol by do-
mestic forces in the history of the United States.’’ 
Trump, 20 F.4th at 35. ‘‘Then-Vice President 
Pence, Senators and Representatives were all forced 
to halt their constitutional duties and flee . . . for 
safety.’’ Id. at 16. ‘‘The events of January 6, 2021 
marked the most significant assault on the Capitol 
since the War of 1812.’’ Id. at 18–19. 
(3) The Electoral Count Act of 1887 should be 
amended to prevent other future unlawful efforts to 
overturn Presidential elections and to ensure future 
peaceful transfers of Presidential power.
(4) The reforms contained in this Act are fully 
consistent with States’ constitutional authority vest-
ed by Article II to appoint electors; the reforms 
herein do not restrict the mode in which States law-
fully appoint their respective electors or resolve re-
lated contests or controversies, but instead ensure 
that those appointments, and the votes cast by those 
electors, are duly transmitted to Congress. 
SEC. 3. TIMING OF APPOINTING ELECTORS. 
Section 1 of title 3, United States Code, is amend-
ed— 
(1) by striking the period at the end and insert-
ing ‘‘, in accordance with State laws duly enacted 
prior to such day.’’; and 
(2) by striking ‘‘in every fourth year succeeding 
every election of a President and Vice President’’ 
and inserting ‘‘in each year that is evenly divisible 
by four’’. 
SEC. 4. PERMITTING EXTENSION OF TIME FOR PRESI-
DENTIAL ELECTION IN EVENT OF CATA-
STROPHIC EVENT POTENTIALLY AFFECTING 
OUTCOME. 
(a) EXTENSION OF TIME FOR ELECTION.—Section 
2 of title 3, United States Code, is amended to read as 
follows:
‘‘§ 2. Limited extension of time for appointing elec-
tors 
‘‘(a) CRITERIA FOR EXTENDING TIME FOR VOTING 
IN PRESIDENTIAL ELECTIONS.—If a State provides for 
the State’s electors to be appointed by popular election 
pursuant to State laws duly enacted prior to the day fixed 
by section 1 of this title, the time for voting in such elec-
tion shall, in accordance with the procedures described in 
subsection (b), be extended beyond the day fixed by section 
1 of this title if a candidate for President who appears 
on the ballot in the State demonstrates by clear and con-
vincing evidence in an action filed under subsection (b) 
that— 
‘‘(1) a catastrophic event has occurred in the 
State; 
‘‘(2) the catastrophic event has prevented a 
substantial portion of the State’s electorate from 
casting a ballot on such day, or caused a substantial 
portion of ballots already cast to be destroyed or 
rendered unreadable by such event without sufficient 
notice to affected voters by such day; and 
‘‘(3) the number of voters prevented from cast-
ing a ballot by such event, the number of ballots de-
stroyed or rendered unreadable by such event, or the 
total of both such numbers, is sufficient in number 
to potentially affect the ability of that candidate to
win the election with respect to one or more presi-
dential electors. 
‘‘(b) PROCEDURES.— 
‘‘(1) AUTHORIZING FILING OF ACTION BY CAN-
DIDATE.—A candidate for President who appears on 
the ballot of the State, and no other person, may file 
an action against the chief State election official of 
the State in the district court of the United States 
for the judicial district in which the capital of the 
State is located to seek an extension of the time for 
voting in the election under this section. Such dis-
trict court shall have original and exclusive jurisdic-
tion of any such action. 
‘‘(2) 
DETERMINATION
BY
THREE-JUDGE 
COURT.— 
‘‘(A) IN GENERAL.—Any action under this 
subsection shall be heard and determined by a 
court of 3 judges convened pursuant to section 
2284 of title 28, United States Code, except 
that subsection (b)(2) of such section shall not 
apply to any such action, and any determina-
tion with respect to such an action shall be re-
viewable only by appeal directly to the Supreme 
Court of the United States.
‘‘(B) 
EXPEDITED
CONSIDERATION.—It 
shall be the duty of the district court described 
in paragraph (1) and the Supreme Court of the 
United States to advance on the docket and to 
expedite to the greatest extent possible the dis-
position of any action or appeal under this sub-
section. 
‘‘(3) CRITERIA FOR DECISION.—The court shall 
require the time for voting in the election to be ex-
tended under this section only if the court finds by 
clear and convincing evidence that the criteria of 
subsection (a) are met. 
‘‘(4) SCOPE OF EXTENDED VOTING PERIOD.— 
‘‘(A) PERIOD OF EXTENSION.—If the court 
finds that the criteria of subsection (a) are met, 
the court shall, except as provided in subpara-
graph (C), order an extended voting period that 
shall be for the shortest duration necessary in 
light of the catastrophic event justifying the ex-
tension, so long as such extended voting period 
concludes not later than 5 days after the day 
fixed by section 1 of this title. 
‘‘(B) IMPLEMENTATION OF EXTENSION.— 
The time for voting in an election which is ex-
tended under this section shall only be extended
in the area in the State specifically and directly 
affected by the catastrophic event, and, to the 
extent practicable, all ballots cast on or prior to 
the day fixed by section 1 of this title that are 
otherwise valid under State law duly enacted 
prior to such day shall be counted, and voters 
who cast such ballots shall not be required to 
take further action to take into account the ex-
tension of time for the election under this sec-
tion. 
‘‘(C) IMPOSSIBILITY
OF
IMPLEMENTA-
TION.—If the court finds that the criteria of 
subsection (a) are met, but that it is impossible 
for the State to administer an extended voting 
period as a result of the catastrophic event, the 
court shall issue a declaratory judgment to that 
effect and, to the extent practicable, all ballots 
cast on or prior to the day fixed by section 1 
of this title that are otherwise valid under State 
law duly enacted prior to such day shall be 
counted. 
‘‘(5) RIGHT TO INTERVENE.—Only a candidate 
for President who appears on the ballot of the State 
may intervene in an action filed with respect to the 
State under this subsection.
‘‘(6) SANCTIONS.—If, on the court’s own initia-
tive or the motion of a party, the court finds that 
the candidate filing an action under this subsection 
did not have a good-faith basis for the factual or 
legal contentions asserted in the action, the can-
didate’s attorneys of record and their law firms shall 
be jointly and severally liable for an amount equal 
to 3 times the full attorney’s fees and other expenses 
incurred by each other party to the action. 
‘‘(7) DEADLINE.— 
‘‘(A) IN GENERAL.—An action under this 
subsection must be filed not later than the day 
after the day fixed for the election by section 1 
of this title. 
‘‘(B) EXCEPTION.—If the catastrophic 
event prevents the appropriate court from ac-
cepting the filing of an action under this sub-
section, the action must be filed in another dis-
trict court of the United States capable of ac-
cepting the filing most proximate to the judicial 
district in which the capital of the State is lo-
cated. 
‘‘(8) CHIEF
STATE
ELECTION
OFFICIAL
DE-
FINED.—In this subsection, the term ‘chief State 
election official’ has the meaning given such term in
section 253(e) of the Help America Vote Act of 
2002 (52 U.S.C. 21003(e)). 
‘‘(c) CATASTROPHIC EVENT DEFINED.— 
‘‘(1) DEFINITION.—In this section, the term 
‘catastrophic event’ means a major natural disaster, 
an act of terrorism, or a widespread power outage, 
so long as such event is on a scale sufficient to pre-
vent a substantial portion of a State’s electorate 
from casting a ballot on the day fixed by section 1 
of this title, or such event causes a substantial num-
ber of ballots already cast in a State to be destroyed 
or rendered unreadable. 
‘‘(2) 
OTHER
DEFINITIONS.—In 
paragraph 
(1)— 
‘‘(A) the term ‘act of terrorism’ means an 
activity that involves acts dangerous to human 
life that are a violation of the criminal laws of 
the United States or of any State, and that ap-
pear to be intended— 
‘‘(i) to intimidate or coerce a civilian 
population; 
‘‘(ii) to influence the policy of a gov-
ernment by intimidation or coercion; or
‘‘(iii) to affect the conduct of a gov-
ernment by mass destruction, assassina-
tion, or kidnapping; and 
‘‘(B) the term ‘major natural disaster’ 
means any natural catastrophe (including any 
hurricane, tornado, historically significant wide-
spread snowstorm, historically significant wide-
spread flooding, historically significant destruc-
tive fire, tidal wave, tsunami, earthquake, or 
volcanic eruption that causes great damage or 
loss of life). 
‘‘(d) RULES OF CONSTRUCTION.—Nothing in this 
section may be construed— 
‘‘(1) to limit the application of any State or 
Federal protection of the right to vote in an election 
during the period during which the time for voting 
is extended under this section; 
‘‘(2) to preclude a court in an action filed under 
subsection (b) from ordering sanctions otherwise au-
thorized by law; or 
‘‘(3) to affect the manner in which, or cir-
cumstances under which, other elections under other 
provisions of law may be postponed or extended.’’.
(b) CONFORMING AMENDMENT RELATING TO THE 
MAYOR OF THE DISTRICT OF COLUMBIA.—Section 21 of 
such title is amended by adding at the end the following: 
‘‘(c) ‘Governor’ includes the Mayor of the District of 
Columbia.’’. 
(c) CLERICAL AMENDMENT.—The table of sections 
of chapter 1 of such title is amended by amending the 
item relating to section 2 to read as follows: 
‘‘2. Limited extension of time for appointing electors.’’. 
SEC. 5. TIMING OF ENACTMENT OF LAWS PROVIDING FOR 
VACANCIES IN ELECTORAL COLLEGE. 
Section 4 of title 3, United States Code, is amend-
ed— 
(1) by striking ‘‘by law’’ and inserting ‘‘by laws 
duly enacted prior to the day fixed by section 1 of 
this title for the appointment of electors’’; and 
(2) by adding at the end the following new sen-
tence: ‘‘Vacancies occurring after the day fixed by 
section 1 of this title for the appointment of electors 
shall be filled only by alternative electors appointed 
under State law pursuant to this section.’’. 
SEC. 6. REPEAL OF ‘‘SAFE HARBOR’’ RULES FOR DETER-
MINATION OF CONTROVERSY REGARDING 
APPOINTMENT OF ELECTORS. 
(a) REPEAL.—Title 3, United States Code, is amend-
ed by striking section 5.
(b) CLERICAL AMENDMENT.—The table of sections 
of such title is amended by striking the item relating to 
section 5. 
SEC. 7. CERTIFICATES OF APPOINTMENT OF ELECTORS. 
(a) IN GENERAL.—Section 6 of title 3, United States 
Code, is amended to read as follows: 
‘‘§ 6. Credentials of electors; transmission to Archivist 
of the United States and to Congress; en-
forcement; public inspection 
‘‘(a) DUTIES OF GOVERNOR WITH RESPECT TO CER-
TIFICATION OF ELECTORS.— 
‘‘(1) OBLIGATION TO CERTIFY.—Not later than 
December 14, the Governor of each State shall cer-
tify the appointment of the electors for the State in 
compliance with section 1 or, if applicable, section 2 
of this title. 
‘‘(2) TRANSMISSION
TO
ARCHIVIST
OF
THE 
UNITED STATES.—The Governor of a State shall, 
immediately after certifying the appointment of elec-
tors for the State under paragraph (1)— 
‘‘(A) transmit under the seal of such State 
the certificate of the appointment of electors 
under paragraph (1) to the Archivist of the 
United States by the most expeditious method
available and by secure electronic transmission; 
and 
‘‘(B) make such certificate publicly avail-
able on the date of such transmission to the Ar-
chivist. 
‘‘(3) TRANSMISSION OF DUPLICATE-ORIGINALS 
TO ELECTORS.—The Governor of a State shall de-
liver to the electors of such State 6 duplicate-origi-
nals of the certificate described in paragraph (2) 
under the seal of the State not later than the date 
specified in section 7 of this title. 
‘‘(b) PRESERVATION AND TRANSMISSION OF CER-
TIFICATE.—The Archivist of the United States shall— 
‘‘(1) preserve any certificate received under 
subsection (a) for 1 year as part of the public 
records of the office of the Archivist open to public 
inspection; and 
‘‘(2) immediately transmit to the two Houses of 
Congress copies in full of each such certificate re-
ceived by the most expeditious method available and 
by secure electronic transmission. 
‘‘(c) ENFORCEMENT.— 
‘‘(1) ACTIONS AGAINST GOVERNOR.— 
‘‘(A) ACTIONS
AUTHORIZED.—Any can-
didate for President or Vice President who ap-
pears on the ballot in a State who is aggrieved 
by a violation of subsection (a) with respect to 
such State, including by failing to certify the 
appointment of electors or because the certifi-
cation does not accurately reflect the final elec-
tion results of the State as modified by any re-
count or judicial or administrative proceeding 
conducted pursuant to State or Federal laws 
duly enacted prior to the day fixed by section 
1 of this title, may file an action against the 
Governor for such declaratory, injunctive, or 
other appropriate relief in the district court of 
the United States for the judicial district in 
which the capital of the State is located to en-
sure the issuance and transmission of the cer-
tificate of appointment in compliance with the 
requirements of subsection (a), the Constitution 
of the United States, and any other Federal 
law. 
‘‘(B) RELIEF.—Such district court shall 
have original and exclusive jurisdiction of any 
such action and shall issue any appropriate re-
lief, including, in appropriate cases, injunctive 
relief ordering the Governor of the State to 
issue, transmit, or revise the certificate of ap-
pointment of electors under subsection (a)(1), 
or other appropriate relief sufficient to ensure 
the transmission of the lawful certificate of ap-
pointment. If the Governor refuses to issue, 
transmit, or revise such certificate in compli-
ance with the district court’s order, the court 
shall direct another official of the State to 
issue, transmit, or revise the certificate of ap-
pointment of electors under such subsection. 
‘‘(2) ACTIONS AGAINST ARCHIVIST.—Any can-
didate for President or Vice President who appears 
on the ballot in a State who is aggrieved by a viola-
tion of subsection (b) with respect to the failure of 
the Archivist to transmit a certificate of appoint-
ment may file an action for such declaratory, injunc-
tive, or other appropriate relief in the United States 
District Court for the District of Columbia, and 
such district court shall have original and exclusive 
jurisdiction of any such action, and shall issue any 
relief necessary to ensure the transmission of the 
certificate of appointment in compliance with the re-
quirements of subsection (b). 
‘‘(3) 
DETERMINATION
BY
THREE-JUDGE 
COURT.—
‘‘(A) IN GENERAL.—Any action described 
in this subsection shall be heard and deter-
mined by a court of 3 judges convened pursuant 
to section 2284 of title 28, United States Code, 
except that subsection (b)(2) of such section 
shall not apply to any such action, and any de-
termination with respect to such an action shall 
be reviewable only by appeal directly to the Su-
preme Court of the United States. 
‘‘(B) EXPEDITED
CONSIDERATION.—The 
court described in subparagraph (A) shall issue 
any relief under this subsection as promptly as 
possible but in no case later than December 19 
such that a final order of the court on remand 
of the Supreme Court of the United States may 
occur not later than December 22. 
‘‘(d) CONCLUSIVE EFFECT OF CERTIFICATES.— 
‘‘(1) IN GENERAL.—In the joint session of Con-
gress to count electoral votes pursuant to section 15 
of this title, the certificate of appointment trans-
mitted by the Governor of a State under subsection 
(a)(2), subject to any modification pursuant to a 
court order under subsection (c)(1), shall be accept-
ed as conclusive with respect to the appointment of 
electors for such State, except that, in the case no
such certificate is transmitted by the Governor of a 
State, or the certificate transmitted by the Governor 
does not comply with revisions ordered by the court 
pursuant to subsection (c)(1), the certificate of ap-
pointment for the State transmitted by another offi-
cial of the State pursuant to a court order under 
subsection (c)(1) shall be accepted as conclusive with 
respect to the appointment of electors for such 
State. 
‘‘(2) SPECIAL RULE WITH RESPECT TO FINAL 
DETERMINATION OF JUDICIAL PROCEEDING.—In the 
case that a certificate of appointment is subject to 
a final determination by a Federal and a State judi-
cial proceeding, the certificate as modified by the 
final determination of the Federal judicial pro-
ceeding shall be accepted as conclusive with respect 
to the appointment of electors for such State to the 
extent that there is any inconsistency between such 
determinations. 
‘‘(e) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed to preempt any action conducted 
pursuant to State law duly enacted prior to the day fixed 
by section 1 of this title or affect the right of any person 
to bring an action under any other Federal law.’’.
(b) CLERICAL AMENDMENT.—The table of sections 
of chapter 1 of such title is amended by amending the 
item relating to section 6 to read as follows: 
‘‘6. Credentials of electors; transmission to Archivist of the United States and 
to Congress; enforcement; public inspection.’’. 
SEC. 8. DATE OF MEETING AND VOTE OF ELECTORS. 
Section 7 of title 3, United States Code, is amend-
ed— 
(1) by striking ‘‘the first Monday after the sec-
ond Wednesday in December’’ and inserting ‘‘the 
twenty third of December’’; and 
(2) by inserting ‘‘, except that if the twenty 
third of December falls on a Saturday or Sunday, 
the electors shall meet and give their votes, in the 
case of a Saturday, on the preceding day, and, in 
the case of a Sunday, on the following day’’ after 
‘‘State shall direct’’. 
SEC. 9. DISPOSITION OF CERTIFICATES AND LISTS. 
(a) ELECTRONIC TRANSMISSION OF CERTIFICATES 
OF ELECTORS.—Section 11 of title 3, United States Code, 
is amended— 
(1) in the undesignated paragraph beginning 
with ‘‘First.’’, by striking ‘‘registered mail’’ and all 
that follows and inserting ‘‘the most expeditious 
method available to the President of the Senate at 
the seat of government and shall, on the same day,
transmit a facsimile of the same in a secure, elec-
tronic manner.’’; and 
(2) in the undesignated paragraph beginning 
with ‘‘Third.’’— 
(A) by striking ‘‘registered mail’’ and in-
serting ‘‘the most expeditious method avail-
able’’; and 
(B) by adding at the end the following: 
‘‘They shall, on the same day, transmit fac-
similes of the same to the Archivist of the 
United States in a secure, electronic manner.’’. 
(b) FAILURE
OF CERTIFICATES TO BE DELIV-
ERED.— 
(1) DEMAND ON STATE.—Section 12 of such 
title is amended— 
(A) by striking ‘‘the fourth Wednesday in 
December’’ and inserting ‘‘December 30’’; and 
(B) by striking ‘‘registered mail’’ and all 
that follows and inserting the following: ‘‘the 
most expeditious method available to the Presi-
dent of the Senate at the seat of government 
and to immediately transmit a facsimile of the 
same in a secure, electronic manner.’’. 
(2) DEMAND ON JUDGE.—Section 13 of such 
title is amended—
(A) by striking ‘‘votes’’ each place it ap-
pears and inserting ‘‘votes and list’’; 
(B) by striking ‘‘the fourth Wednesday in 
December’’ and inserting ‘‘December 30’’; and 
(C) by striking ‘‘list by the hand’’ and all 
that follows and inserting the following: ‘‘cer-
tificate and list by the hand of such messenger 
to the seat of government and shall immediately 
transmit a facsimile of the same in a secure, 
electronic manner.’’. 
(c) INCREASE
IN
PENALTY
FOR
NEGLECT
OF 
DUTY.—Section 14 of such title is amended— 
(1) by striking ‘‘electors’’ and inserting ‘‘elec-
tors and list’’; and 
(2) 
by 
striking 
‘‘$1,000’’ 
and 
inserting 
‘‘$25,000’’. 
SEC. 10. COUNTING ELECTORAL VOTES IN CONGRESS. 
(a) PROCEDURES AT JOINT SESSION.—Section 15 of 
title 3, United States Code, is amended to read as follows: 
‘‘§ 15. Counting electoral votes in Congress 
‘‘(a) PROCEDURES AT JOINT SESSION.— 
‘‘(1) IN GENERAL.—Congress shall be in ses-
sion on the sixth day of January succeeding every 
meeting of the electors. The Senate and House of 
Representatives shall meet in the Hall of the House
of Representatives at the hour of 1 o’clock in the 
afternoon on that day, and the President of the Sen-
ate (or, in the absence of the President, the Presi-
dent pro tempore) shall be their presiding officer. 
Such joint session of the Senate and House of Rep-
resentatives shall not be dissolved until the count of 
electoral votes shall be completed and the result of 
such count declared. 
‘‘(2) AUTHORITY
OF
PRESIDING
OFFICER
AT 
JOINT SESSION.— 
‘‘(A) POWER TO PRESERVE ORDER.—The 
presiding officer shall have power to preserve 
order, and no debate shall be allowed and no 
question shall be put by the presiding officer 
except as provided by this section. 
‘‘(B) NO
DISCRETIONARY
POWER.—The 
role of the presiding officer is ministerial. Ex-
cept with respect to the procedures described in 
this section, the presiding officer shall not have 
any power to determine or otherwise resolve dis-
putes concerning the proper list of electors for 
a State, the validity of electors for a State, or 
the votes of electors of a State. Except as pro-
vided for in this section, the presiding officer 
shall not order any delay in counting or preside
over any period of delay in counting electoral 
votes. 
‘‘(3) READING OF CERTIFICATES.— 
‘‘(A) IN GENERAL.—The presiding officer 
shall, in the alphabetical order of the States, 
beginning with the letter A, open the sealed cer-
tificate in which is contained the signed certifi-
cates of votes and the annexed list of electors 
appointed for each State, and shall read aloud 
the names of the list of electors appointed for 
each State according to the certificate received. 
The presiding officer shall present the certifi-
cate of electoral votes cast by the State’s ap-
pointed electors to the tellers for the purpose of 
reading such certificates pursuant to subpara-
graph (B). 
‘‘(B) READING OF CERTIFICATES BY TELL-
ERS.—Two tellers shall be previously appointed 
on the part of the Senate and two on the part 
of the House of Representatives. Upon the 
reading by the tellers of any such certificate of 
electoral votes, the presiding officer shall call 
for objections to such certificate pursuant to 
the rules described in subsection (c), if any.
‘‘(C) 
RESULT
OF
ELECTORAL
VOTE 
COUNT.—After having read the certificates of 
each State in the presence and hearing of the 
two Houses, the tellers shall make a list of the 
votes as they shall appear from the certificates, 
and the votes having been ascertained and 
counted according to the requirements of this 
section, the result shall be delivered to the pre-
siding officer, who shall thereupon announce 
the state of the vote. Such announcement shall 
be deemed a sufficient declaration of the per-
sons, if any, elected President and Vice Presi-
dent of the United States, and shall, together 
with a list of the votes, be entered on the Jour-
nals of the two Houses. 
‘‘(4) MOTIONS IN ORDER AT JOINT SESSION.— 
No motion shall be received in the joint session ex-
cept— 
‘‘(A) a motion pursuant to subsection (b) 
of this section in relation to the appointment of 
electors from a State; or 
‘‘(B) a motion to recess. 
‘‘(5) REQUIREMENTS FOR ACTIONS IN ORDER 
AT JOINT SESSION.—
‘‘(A) IN GENERAL.—An objection, appeal, 
or motion shall not be received by the presiding 
officer unless such action— 
‘‘(i) is submitted in writing and states 
clearly and concisely, and without argu-
ment, the ground for such action; 
‘‘(ii) is signed by at least one third of 
each House of Congress; and 
‘‘(iii) in the case of a motion to re-
cess, states a time certain, in accordance 
with paragraph (6), at which the joint ses-
sion will resume proceedings. 
‘‘(B) RESTRICTION
ON
MOTION
TO
RE-
CESS.—A Senator or Representative may sign 
only one motion to recess received by the pre-
siding officer during joint session proceedings 
with respect to a single State. 
‘‘(C) APPEALS.— 
‘‘(i) IN
GENERAL.—If an appeal is 
submitted in accordance with subpara-
graph (A)(i), the Clerk of the House of 
Representatives shall maintain the written 
appeal at the desk and the presiding offi-
cer shall provide Senators and Representa-
tives with a sufficient opportunity to sign
it before proceeding which shall not exceed 
15 minutes. 
‘‘(ii) PROHIBITION
AGAINST
WITH-
DRAWAL
OF
APPEAL.—An appeal sub-
mitted in accordance with subparagraph 
(A)(i) may not be withdrawn following sub-
mission, and only one such appeal may be 
submitted with respect to a ruling of the 
presiding officer. 
‘‘(iii) FORM.—The presiding officer 
shall put the question on any appeal as fol-
lows: ‘Shall the decision of the presiding 
officer be overturned?’. 
‘‘(D) THRESHOLD TO ADOPT.—A majority 
vote of both Houses shall be required for the 
adoption of any question received during the 
joint session, except that a majority vote of ei-
ther House shall be required for the adoption of 
a motion to recess. 
‘‘(6) RECESS.—A motion to recess must state 
the time certain for the resumption of proceedings in 
the joint session, the Senate, or the House, and may 
not state a time beyond the next calendar day at the 
hour of 10 o’clock in the forenoon. If the pro-
ceedings of the joint session have not been completed
in three calendar days, no further recess may be 
taken. 
‘‘(7) DEBATE.— 
‘‘(A) DEBATE OF CERTAIN ACTIONS.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), any question received 
by the presiding officer pursuant to para-
graph (5) shall be reported in the joint ses-
sion, and such question shall be submitted 
to each House, which shall each withdraw 
for a period of debate described in sub-
paragraph (B). 
‘‘(ii) EXCEPTION FOR MOTION TO RE-
CESS.—A motion to recess shall not be 
subject to debate. 
‘‘(B) LENGTH OF DEBATE.—The time for 
debate of any question shall be limited to— 
‘‘(i) in the case of any motion that is 
made under subsection (b), two hours 
equally divided and controlled by the ma-
jority leader and minority leader of each 
House or their respective designees; 
‘‘(ii) in the case of any objection that 
is made under subsection (c), two hours 
equally divided and controlled by the ma-
jority leader and minority leader of each 
House or their respective designees; and 
‘‘(iii) in the case of any appeal of a 
decision of the presiding officer, 30 min-
utes equally divided and controlled by the 
majority leader and minority leader of each 
House or their respective designees. 
‘‘(C) SINGLE DEBATE FOR MULTIPLE MO-
TIONS
IN
RELATION
TO
APPOINTMENT
OF 
ELECTORS.—If more than one motion in rela-
tion to the appointment of electors from a State 
is made under subsection (b) that satisfies the 
requirements of paragraph (5), such motions 
shall be debatable for a single period of two 
hours as provided in subparagraph (B)(i). 
‘‘(D) SINGLE DEBATE FOR MULTIPLE OB-
JECTIONS.—If more than one objection with re-
spect to any vote from a State is made under 
subsection (c) that satisfies the requirements of 
paragraph (5), such objections shall be debat-
able for a single period of two hours as pro-
vided in subparagraph (B)(ii). 
‘‘(E) SPECIAL RULE REGARDING LENGTH 
OF DEBATE.—If the proceedings of the joint 
session have not been completed in five calendar
days, the presiding officer may reduce the 
length of debate for any question to not less 
than 30 minutes equally divided and controlled 
by the majority leader and minority leader of 
each House or their respective designees. 
‘‘(b) RULES
FOR IDENTIFYING
THE DULY AP-
POINTED ELECTORS OF A STATE.— 
‘‘(1) IN GENERAL.—The presiding officer shall 
announce the electors whose appointments are re-
flected in a certificate that is received under section 
6 of this title. Pursuant to section 6 of this title, 
such electors shall be the conclusive appointed elec-
tors for the State, and in no case shall the presiding 
officer or the joint session consider any other person 
to be an appointed elector for a State. 
‘‘(2) MOTIONS IN RELATION TO THE APPOINT-
MENT OF ELECTORS.—After the declaration of the 
presiding officer under paragraph (1) with respect to 
a State, the following motions may be submitted: 
‘‘(A) A motion to reject the declaration of 
the appointment of electors for the State by the 
presiding officer under paragraph (1) on the 
grounds that the certificate of appointment pre-
sented by the presiding officer is not conclusive 
under section 6 of this title and to receive a
certificate of appointment from the State that 
is conclusive under section 6 of this title. 
‘‘(B) In the absence of any presentation of 
a certificate from a State by the presiding offi-
cer, a motion to receive a certificate of appoint-
ment from the State that is conclusive under 
section 6 of this title. 
‘‘(3) VOTING BY THE HOUSES.— 
‘‘(A) IN GENERAL.—When all motions of-
fered pursuant to paragraph (2) with respect to 
a State have been received and read in the joint 
session, the Senate shall thereupon withdraw, 
and such motions shall be submitted to the Sen-
ate for its decision, and the Speaker of the 
House of Representatives shall submit such mo-
tions to the House of Representatives for its de-
cision. 
‘‘(B) ANNOUNCEMENT
OF
DECISION.— 
When the two Houses have voted, they shall im-
mediately resume proceedings in the joint ses-
sion, and the presiding officer shall announce 
the decision on any such motions. 
‘‘(4) ANNOUNCEMENT
OF
APPOINTMENT
OF 
ELECTORS.—If a motion under paragraph (2) is 
adopted, the presiding officer shall declare the list of
electors that was received under such motion to be 
the appointed electors for the State. 
‘‘(c) OBJECTIONS TO CERTIFICATE OF ELECTORAL 
VOTES.— 
‘‘(1) IN GENERAL.—Once the joint session has 
identified the duly appointed electors of a State pur-
suant to the procedures described in subsection (a) 
and the rules described in subsection (b), the pre-
siding officer shall call for objections, if any, to one 
or more electoral votes cast by the electors of the 
State on the grounds specified in paragraph (2). No 
votes from a State shall be acted upon until any ob-
jections made to the votes from a State under this 
subsection have been decided. 
‘‘(2) GROUNDS FOR OBJECTIONS.—To raise an 
objection under this subsection, a Member must sub-
mit such objection pursuant to the requirements of 
subsection (a)(5) and specify in writing the number 
of electoral votes objected to and one of the following 
grounds for the objection: 
‘‘(A) The State in question was not validly 
a State at the time its electors cast their elec-
toral votes and is thus not entitled to such 
votes, except that such objection may not be 
raised with respect to the District of Columbia.
‘‘(B) The State in question submitted more 
votes than it is constitutionally entitled to, and 
thus a corresponding number of its purported 
votes should be rejected. 
‘‘(C) One or more of the State’s electors 
are constitutionally ineligible for the office of 
elector under article II, section I, clause 2 or 
section 3 of the Fourteenth Amendment of the 
Constitution of the United States, except if a 
State has replaced the ineligible elector with an 
eligible elector pursuant to the authority de-
scribed in section 4 of this title prior to the 
casting of electoral votes by its electors, then it 
shall not be in order to cite the initial appoint-
ment of the ineligible elector as grounds for 
raising an objection under this subparagraph. 
‘‘(D) One or more of the State’s electoral 
votes were cast for a candidate who is ineligible 
for the office of President or Vice President 
pursuant to— 
‘‘(i) article I, section 3, clause 7 of the 
Constitution of the United States; 
‘‘(ii) article II, section 1, clause 5 of 
the Constitution of the United States;
‘‘(iii) section 3 of the Fourteenth 
Amendment to the Constitution of the 
United States; or 
‘‘(iv) section 1 of the Twenty-second 
Amendment to the Constitution of the 
United States. 
‘‘(E) One or more of the State’s electoral 
votes were cast in violation of the requirements 
enumerated by article II, section 1, clause 4 of 
the Constitution of the United States by failing 
to vote on the date specified in section 7 of this 
title, or one or more of the State’s electoral 
votes were cast in violation of the Twelfth 
Amendment to the Constitution of the United 
States by failing to be cast— 
‘‘(i) by ballot; or 
‘‘(ii) distinctly for the offices of Presi-
dent and Vice President, one of whom is 
not an inhabitant of the elector’s State. 
‘‘(3) VOTING BY THE HOUSES.— 
‘‘(A) IN
GENERAL.—When all objections 
offered pursuant to paragraph (1) with respect 
to a State have been received and read in the 
joint session, the Senate shall thereupon with-
draw, and such objections shall be submitted to
the Senate for its decision, and the Speaker of 
the House of Representatives shall submit such 
objections to the House of Representatives for 
its decision. 
‘‘(B) ANNOUNCEMENT
OF
DECISION.— 
When the two Houses have voted, they shall im-
mediately resume proceedings in the joint ses-
sion, and the presiding officer shall announce 
the decision on any such objections. 
‘‘(d) EFFECT
OF
REJECTION
OF
ELECTORAL 
VOTES.— 
‘‘(1) EFFECT
OF
REJECTION
OF
ELECTORAL 
VOTES.—If a State’s electoral votes are rejected 
under subsection (c)(2)— 
‘‘(A) in the case a State’s electoral votes 
are rejected pursuant to an objection under 
subparagraph (A), (B), or (C) of such sub-
section, the whole number of electors appointed 
for purposes of the Twelfth Amendment of the 
Constitution of the United States shall be re-
duced by the number of rejected electoral ap-
pointments; and 
‘‘(B) in the case a State’s electoral votes 
are rejected pursuant to an objection under 
subparagraph (D) or (E) of such subsection,
the whole number of electors appointed for pur-
poses of the Twelfth Amendment of the Con-
stitution of the United States shall be unaf-
fected. 
‘‘(2) CONSTITUTIONAL INELIGIBILITY.—For the 
purposes of section 3 of the Twentieth Amendment 
of the Constitution of the United States, in the case 
an 
objection 
is 
sustained 
under 
subsection 
(c)(2)(D)— 
‘‘(A) the electoral votes cast for such can-
didate shall be counted for the purposes of de-
termining whether the candidate has been elect-
ed under such amendment; 
‘‘(B) such candidate shall be deemed to 
have failed to qualify under such amendment; 
and 
‘‘(C) subparagraphs (A) and (B) shall 
apply with respect to any electoral votes cast 
for such candidate from any other State that 
are otherwise valid under this section, except 
that nothing in this paragraph shall be con-
strued to prohibit a Member from objecting to 
any such electoral votes on other grounds de-
scribed in subsection (c)(2).’’.
(b) CONFORMING AMENDMENT.—Title 3, United 
States Code, is amended by striking sections 16 through 
18. 
(c) CLERICAL AMENDMENT.—The table of sections 
of such title is amended by striking the items relating to 
sections 16 through 18. 
SEC. 11. PROTECTION OF TABULATION AND CERTIFI-
CATION. 
(a) PROHIBITION.—With respect to an election for 
the office of President, Vice President, or presidential elec-
tor, no person acting under color of law shall willfully fail 
or refuse to— 
(1) tabulate, count, or report any vote that is 
timely cast and is otherwise valid under applicable 
State and Federal law; or 
(2) certify the aggregate tabulations of such 
votes or certify the election of the candidates receiv-
ing sufficient such votes to be elected to office. 
(b) ENFORCEMENT.— 
(1) AUTHORIZING FILING OF ACTION BY CAN-
DIDATE.—Any candidate for President, Vice Presi-
dent, or presidential elector who appears on the bal-
lot in a State who is aggrieved by a violation of sub-
section (a) may file an action for such declaratory 
and injunctive relief as may be appropriate in the
district court of the United States for the judicial 
district in which the capital of the State is located. 
(2) 
DETERMINATION
BY
THREE-JUDGE 
COURT.— 
(A) IN
GENERAL.—An action described 
under this subsection shall be heard and deter-
mined by a court of 3 judges convened pursuant 
to section 2284 of title 28, United States Code, 
except that subsection (b)(2) of such section 
shall not apply to any such action, and any de-
termination with respect to such an action shall 
be reviewable only by appeal directly to the Su-
preme Court of the United States. 
(B) EXPEDITED CONSIDERATION.—It shall 
be the duty of the district court described in 
this subsection and the Supreme Court of the 
United States to advance on the docket and to 
expedite to the greatest extent possible the dis-
position of any action or appeal under this sub-
section. 
(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed to preempt any action conducted 
pursuant to State law duly enacted prior to the day fixed 
by section 1 of title 3, United States Code, or affect the
right of any person to bring an action under any other 
Federal law. 
SEC. 12. SEVERABILITY. 
If any provision of this Act or an amendment made 
by this Act, or the application of any provision of this Act 
or an amendment made by this Act to any person or cir-
cumstance, is held to be unconstitutional, the remainder 
of this Act, and the application of such provision or 
amendment to any other person or circumstance, shall not 
be affected by the holding. 
Passed the House of Representatives September 21, 
2022. 
Attest: 
Clerk.
117TH CONGRESS 
2D SESSION 
H. R. 8873 
AN ACT 
To amend title 3, United States Code, to reform 
the process for the counting of electoral votes, 
and for other purposes.