Electoral Count Reform and Presidential Transition Improvement Act of 2022
Bill: S.4573 | Sponsor: Sen. Collins, Susan M. (R-ME)
Policy area: Government Operations and Politics

Summary:
Electoral Count Reform and Presidential Transition Improvement Act of 2022
This bill revises the process of casting and counting electoral votes for presidential elections. The bill also revises provisions related to the presidential transition process.
The bill specifies that the choice of electors must occur in accordance with the laws of the state enacted prior to election day.
Additionally, the bill identifies each state's governor (unless otherwise identified in the laws or constitution of a state in effect on election day) as responsible for submitting the certificate of ascertainment identifying the state's electors. Further, the bill provides for expedited judicial review for any action brought by an aggrieved presidential or vice-presidential candidate arising under the U.S. Constitution or U.S. laws with respect to the issuance or transmission of such a certificate.
The bill revises the framework for the joint session of Congress to count electoral votes and make a formal declaration of which candidates have been elected President and Vice President. Among other changes, the bill (1) specifies that the role of the Vice President during the joint session shall be ministerial in nature, and (2) raises the objection threshold in Congress to at least one-fifth of the duly chosen and sworn members of both the House of Representatives and the Senate.
The bill also revises the presidential transition process, including to (1) allow more than one candidate to receive federal transition resources under certain circumstances, and (2) require additional reporting by the General Services Administration.

To amend title 3, United States Code, to reform the Electoral Count 
 Act, and to amend the Presidential Transition Act of 1963 to provide 
  clear guidelines for when and to whom resources are provided by the 
   Administrator of General Services for use in connection with the 
preparations for the assumption of official duties as President or Vice 
                               President.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE, ETC.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Electoral 
Count Reform and Presidential Transition Improvement Act of 
2022''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents of this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title, etc.
              <DELETED>TITLE I--ELECTORAL COUNT REFORM ACT

<DELETED>Sec. 101. Short title.
<DELETED>Sec. 102. Time for appointing electors.
<DELETED>Sec. 103. Clarification with respect to vacancies in electoral 
                            college.
<DELETED>Sec. 104. Certificate of ascertainment of appointment of 
                            electors.
<DELETED>Sec. 105. Duties of the Archivist.
<DELETED>Sec. 106. Meeting of electors.
<DELETED>Sec. 107. Transmission of certificates of votes.
<DELETED>Sec. 108. Failure of certificate of votes to reach recipients.
<DELETED>Sec. 109. Clarifications relating to counting electoral votes.
<DELETED>Sec. 110. Rules relating to joint meeting.
<DELETED>Sec. 111. Severability.
       <DELETED>TITLE II--PRESIDENTIAL TRANSITION IMPROVEMENT ACT

<DELETED>Sec. 201. Short title.
<DELETED>Sec. 202. Modifications to Presidential Transition Act of 
                            1963.

         <DELETED>TITLE I--ELECTORAL COUNT REFORM ACT</DELETED>

<DELETED>SEC. 101. SHORT TITLE.</DELETED>

<DELETED>    This title may be cited as the ``Electoral Count Reform 
Act of 2022''.</DELETED>

<DELETED>SEC. 102. TIME FOR APPOINTING ELECTORS.</DELETED>

<DELETED>    (a) In General.--Title 3, United States Code, is amended 
by striking sections 1 and 2 and inserting the following:</DELETED>
<DELETED>``Sec. 1. Time of appointing electors</DELETED>
<DELETED>    ``The electors of President and Vice President shall be 
appointed, in each State, on election day, in accordance with the laws 
of the State enacted prior to election day.''.</DELETED>
<DELETED>    (b) Election Day.--Section 21 of title 3, United States 
Code, is amended by redesignating subsections (a) and (b) as paragraphs 
(2) and (3), respectively, and by inserting before paragraph (2) (as so 
redesignated) the following:</DELETED>
        <DELETED>    ``(1) `election day' means the Tuesday next after 
        the first Monday in November, in every fourth year succeeding 
        every election of a President and Vice President held in each 
        State, except, in the case of a State that appoints electors by 
        popular vote, if the State modifies the period of voting as 
        necessitated by extraordinary and catastrophic events as 
        provided under laws of the State enacted prior to such day, 
        `election day' shall include the modified period of 
        voting.''.</DELETED>
<DELETED>    (c) Conforming Amendment.--The table of contents for 
chapter 1 of title 3, United States Code, is amended by striking the 
item relating to section 1 and inserting the following:</DELETED>

<DELETED>``1. Time of appointing electors.''.

<DELETED>SEC. 103. CLARIFICATION WITH RESPECT TO VACANCIES IN ELECTORAL 
              COLLEGE.</DELETED>

<DELETED>    Section 4 of title 3, United States Code, is amended by 
inserting ``enacted prior to election day'' after ``by law''.</DELETED>

<DELETED>SEC. 104. CERTIFICATE OF ASCERTAINMENT OF APPOINTMENT OF 
              ELECTORS.</DELETED>

<DELETED>    (a) Determination.--Section 5 of title 3, United States 
Code, is amended to read as follows:</DELETED>
<DELETED>``Sec. 5. Certificate of ascertainment of appointment of 
              electors</DELETED>
<DELETED>    ``(a) In General.--</DELETED>
        <DELETED>    ``(1) Certification.--Not later than the date that 
        is 6 days before the time fixed for the meeting of the 
        electors, the executive of each State shall issue a certificate 
        of ascertainment of appointment of electors, under and in 
        pursuance of the laws of such State providing for such 
        appointment and ascertainment enacted prior to election 
        day.</DELETED>
        <DELETED>    ``(2) Form of certificate.--Each certificate of 
        ascertainment of appointment of electors shall--</DELETED>
                <DELETED>    ``(A) set forth the names of the electors 
                appointed and the canvass or other determination under 
                the laws of such State of the number of votes given or 
                cast for each person for whose appointment any and all 
                votes have been given or cast;</DELETED>
                <DELETED>    ``(B) bear the seal of the State; 
                and</DELETED>
                <DELETED>    ``(C) contain at least one security 
                feature, as determined by the State, for purposes of 
                verifying the authenticity of such 
                certificate.</DELETED>
<DELETED>    ``(b) Transmission.--It shall be the duty of the executive 
of each State--</DELETED>
        <DELETED>    ``(1) to transmit to the Archivist of the United 
        States, by the most expeditious method available, the 
        certificate of ascertainment of appointment of electors; 
        and</DELETED>
        <DELETED>    ``(2) to transmit to the electors of such State, 
        on or before the day on which the electors are required to meet 
        under section 7, six duplicate-originals of the same 
        certificate.</DELETED>
<DELETED>    ``(c) Treatment of Certificate as Conclusive.--</DELETED>
        <DELETED>    ``(1) In general.--For purposes of section 15--
        </DELETED>
                <DELETED>    ``(A) the certificate of ascertainment of 
                appointment of electors issued pursuant to this section 
                shall be treated as conclusive with respect to the 
                determination of electors appointed by the State; 
                and</DELETED>
                <DELETED>    ``(B) any certificate of ascertainment of 
                appointment of electors as required to be revised by 
                any subsequent State or Federal judicial relief granted 
                prior to the date of the meeting of electors shall 
                replace and supersede any other certificates submitted 
                pursuant to this section.</DELETED>
        <DELETED>    ``(2) Determination of federal questions.--The 
        determination of Federal courts on questions arising under the 
        Constitution or laws of the United States with respect to a 
        certificate of ascertainment of appointment of electors shall 
        be conclusive.</DELETED>
<DELETED>    ``(d) Venue and Expedited Procedure.--</DELETED>
        <DELETED>    ``(1) In general.--Any action brought by an 
        aggrieved candidate for President or Vice President that arises 
        under the Constitution or laws of the United States with 
        respect to the issuance of the certification required under 
        section (a)(1), or the transmission of such certification as 
        required under subsection (b), shall be subject to the 
        following rules:</DELETED>
                <DELETED>    ``(A) Venue.--The venue for such action 
                shall be the Federal district court of the Federal 
                district in which the State capital is 
                located.</DELETED>
                <DELETED>    ``(B) 3-judge panel.--Such action shall be 
                heard by a district court of three judges, convened 
                pursuant to section 2284 of title 28, United States 
                Code, except that the court shall be comprised of two 
                judges of the circuit court of appeals in which the 
                district court lies and one judge of the district court 
                in which the action is brought.</DELETED>
                <DELETED>    ``(C) Expedited procedure.--It shall be 
                the duty of the court to advance on the docket and to 
                expedite to the greatest possible extent the 
                disposition of the action, consistent with all other 
                relevant deadlines established by this chapter and the 
                laws of the United States.</DELETED>
                <DELETED>    ``(D) Appeals.--Any appeal from the 
                judgment of the panel convened under subparagraph (B) 
                may be heard directly by the Supreme Court, pursuant to 
                section 1253 of title 28, United States Code, on an 
                expedited basis, so that a final order of the court on 
                remand of the Supreme Court may occur on or before the 
                day before the time fixed for the meeting of 
                electors.</DELETED>
        <DELETED>    ``(2) Rule of construction.--This subsection shall 
        be construed solely to establish venue and expedited procedures 
        in any action brought by an aggrieved candidate for President 
        or Vice President as specified in this subsection that arises 
        under the Constitution or laws of the United 
        States.''.</DELETED>
<DELETED>    (b) Executive of a State.--Section 21 of title 3, United 
States Code, as amended by section 102(b), is amended by striking 
paragraph (3) and inserting the following:</DELETED>
        <DELETED>    ``(3) `executive' means, with respect to any 
        State, the Governor of the State (or, in the case of the 
        District of Columbia, the Mayor of the District of Columbia), 
        except when the laws or constitution of a State in effect as of 
        election day expressly require a different State executive to 
        perform the duties identified under this chapter.''.</DELETED>
<DELETED>    (c) Conforming Amendments.--</DELETED>
        <DELETED>    (1) Section 9 of title 3, United States Code, is 
        amended by striking ``annex to each of the certificates one of 
        the lists of the electors'' and inserting ``annex to each of 
        the certificates of votes one of the certificates of 
        ascertainment of appointment of electors''.</DELETED>
        <DELETED>    (2) The table of contents for chapter 1 of title 
        3, United States Code, is amended by striking the items 
        relating to sections 5 inserting the following:</DELETED>

<DELETED>``5. Certificate of ascertainment of appointment of 
                            electors.''.

<DELETED>SEC. 105. DUTIES OF THE ARCHIVIST.</DELETED>

<DELETED>    (a) In General.--Section 6 of title 3, United States Code, 
is amended to read as follows:</DELETED>
<DELETED>``Sec. 6. Duties of Archivist</DELETED>
<DELETED>    ``The certificates of ascertainment of appointment of 
electors received by the Archivist of the United States under section 5 
shall--</DELETED>
        <DELETED>    ``(1) be preserved for one year;</DELETED>
        <DELETED>    ``(2) be a part of the public records of such 
        office; and</DELETED>
        <DELETED>    ``(3) be open to public inspection.''.</DELETED>
<DELETED>    (b) Conforming Amendment.--The table of contents for 
chapter 1 of title 3, United States Code, is amended by striking the 
items relating to section 6 and inserting the following:</DELETED>

<DELETED>``6. Duties of Archivist.''.

<DELETED>SEC. 106. MEETING OF ELECTORS.</DELETED>

<DELETED>    (a) Time for Meeting.--Section 7 of title 3, United States 
Code, is amended--</DELETED>
        <DELETED>    (1) by striking ``Monday'' and inserting 
        ``Tuesday''; and</DELETED>
        <DELETED>    (2) by striking ``as the legislature of such State 
        shall direct'' and inserting ``in accordance with the laws of 
        the State enacted prior to election day''.</DELETED>
<DELETED>    (b) Clarification on Sealing of Certificates of Votes.--
Section 10 of such title is amended by striking ``the certificates so 
made by them'' and inserting ``the certificates of votes so made by 
them, together with the annexed certificates of ascertainment of 
appointment of electors,''.</DELETED>

<DELETED>SEC. 107. TRANSMISSION OF CERTIFICATES OF VOTES.</DELETED>

<DELETED>    (a) In General.--Section 11 of title 3, United States 
Code, is amended to read as follows:</DELETED>
<DELETED>``Sec. 11 Transmission of certificates by electors</DELETED>
<DELETED>    ``The electors shall immediately transmit at the same time 
and by the most expeditious method available the certificates of votes 
so made by them, together with the annexed certificates of 
ascertainment of appointment of electors, as follows:</DELETED>
        <DELETED>    ``(1) One set shall be sent to the President of 
        the Senate at the seat of government.</DELETED>
        <DELETED>    ``(2) Two sets shall be sent to the chief election 
        officer of the State, one of which shall be held subject to the 
        order of the President of the Senate, the other to be preserved 
        by such official for one year and shall be a part of the public 
        records of such office and shall be open to public 
        inspection.</DELETED>
        <DELETED>    ``(3) Two sets shall be sent to the Archivist of 
        the United States at the seat of government, one of which shall 
        be held subject to the order of the President of the Senate and 
        the other of which shall be preserved by the Archivist of the 
        United States for one year and shall be a part of the public 
        records of such office and shall be open to public 
        inspection.</DELETED>
        <DELETED>    ``(4) One set shall be sent to the judge of the 
        district in which the electors shall have 
        assembled.''.</DELETED>
<DELETED>    (b) Conforming Amendment.--The table of contents for 
chapter 1 of title 3, United States Code, is amended by striking the 
item relating to section 11 and inserting the following:</DELETED>

<DELETED>``11. Transmission of certificates by electors.''.

<DELETED>SEC. 108. FAILURE OF CERTIFICATE OF VOTES TO REACH 
              RECIPIENTS.</DELETED>

<DELETED>    (a) In General.--Section 12 of title 3, United States 
Code, is amended--</DELETED>
        <DELETED>    (1) by inserting ``, after the meeting of the 
        electors shall have been held,'' after ``When'';</DELETED>
        <DELETED>    (2) by striking ``in December, after the meeting 
        of the electors shall have been held,'' and inserting ``in 
        December,'';</DELETED>
        <DELETED>    (3) by striking ``or, if he be absent'' and 
        inserting ``or, if the President of the Senate be 
        absent'';</DELETED>
        <DELETED>    (4) by striking ``secretary of State'' and insert 
        ``chief election officer of the State'';</DELETED>
        <DELETED>    (5) by striking ``and list'';</DELETED>
        <DELETED>    (6) by striking ``lodged with him'' and inserting 
        ``lodged with such officer'';</DELETED>
        <DELETED>    (7) by striking ``his duty'' and inserting ``the 
        duty of such chief election officer of the State''; 
        and</DELETED>
        <DELETED>    (8) by striking ``by registered mail'' and 
        inserting ``by the most expeditious method 
        available''.</DELETED>
<DELETED>    (b) Continued Failure.--Section 13 of title 3, United 
States Code, is amended--</DELETED>
        <DELETED>    (1) by inserting ``, after the meeting of the 
        electors shall have been held,'' after ``When'';</DELETED>
        <DELETED>    (2) by striking ``in December, after the meeting 
        of the electors shall have been held,'' and inserting ``in 
        December,'';</DELETED>
        <DELETED>    (3) by striking ``or, if he be absent'' and 
        inserting ``or, if the President of the Senate be absent''; 
        and</DELETED>
        <DELETED>    (4) by striking ``that list'' and inserting ``that 
        certificate''.</DELETED>
<DELETED>    (c) Elimination of Messenger's Penalty.--</DELETED>
        <DELETED>    (1) In general.--Title 3, United States Code, is 
        amended by striking section 14.</DELETED>
        <DELETED>    (2) Conforming amendment.--The table of contents 
        for chapter 1 of title 3, United States Code, is amended by 
        striking the item relating to section 14.</DELETED>

<DELETED>SEC. 109. CLARIFICATIONS RELATING TO COUNTING ELECTORAL 
              VOTES.</DELETED>

<DELETED>    (a) In General.--Section 15 of title 3, United States 
Code, is amended to read as follows:</DELETED>
<DELETED>``Sec. 15. Counting electoral votes in Congress</DELETED>
<DELETED>    ``(a) In General.--Congress shall be in session 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 Senate shall be their presiding 
officer.</DELETED>
<DELETED>    ``(b) Powers of the President of Senate.--</DELETED>
        <DELETED>    ``(1) Ministerial in nature.--Except as otherwise 
        provided in this chapter, the role of the President of the 
        Senate while presiding over the joint meeting shall be limited 
        to performing solely ministerial duties.</DELETED>
        <DELETED>    ``(2) Powers explicitly denied.--The President of 
        the Senate shall have no power to solely determine, accept, 
        reject, or otherwise adjudicate or resolve disputes over the 
        proper list of electors, the validity of electors, or the votes 
        of electors.</DELETED>
<DELETED>    ``(c) Appointment of Tellers.--At the joint meeting of the 
Senate and House of Representatives described in subsection (a), there 
shall be present two tellers previously appointed on the part of the 
Senate and two tellers previously appointed on the part of the House of 
Representatives by the presiding officers of the respective 
chambers.</DELETED>
<DELETED>    ``(d) Procedure at Joint Meeting Generally.--</DELETED>
        <DELETED>    ``(1) In general.--The President of the Senate 
        shall--</DELETED>
                <DELETED>    ``(A) open the certificates and papers 
                purporting to be certificates of the votes of electors 
                appointed pursuant to a certificate of ascertainment of 
                appointment of electors issued pursuant to section 5, 
                in the alphabetical order of the States, beginning with 
                the letter A; and</DELETED>
                <DELETED>    ``(B) upon opening any certificate, hand 
                the certificate and any accompanying papers to the 
                tellers, who shall read the same in the presence and 
                hearing of the two Houses.</DELETED>
        <DELETED>    ``(2) Action on certificate.--</DELETED>
                <DELETED>    ``(A) In general.--Upon the reading of 
                each certificate or paper, the President of the Senate 
                shall call for objections, if any.</DELETED>
                <DELETED>    ``(B) Requirements for objections.--
                </DELETED>
                        <DELETED>    ``(i) Objections.--No objection 
                        shall be in order unless the objection--
                        </DELETED>
                                <DELETED>    ``(I) is made in 
                                writing;</DELETED>
                                <DELETED>    ``(II) is signed by at 
                                least one-fifth of the Senators duly 
                                chosen and sworn and one-fifth of the 
                                Members of the House of Representatives 
                                duly chosen and sworn; and</DELETED>
                                <DELETED>    ``(III) states clearly and 
                                concisely, without argument, one of the 
                                grounds listed under clause 
                                (ii).</DELETED>
                        <DELETED>    ``(ii) Grounds for objections.--
                        The only grounds for objections shall be as 
                        follows:</DELETED>
                                <DELETED>    ``(I) The electors of the 
                                State were not lawfully certified under 
                                a certificate of ascertainment of 
                                appointment of electors according to 
                                section 5(a)(1).</DELETED>
                                <DELETED>    ``(II) The vote of one or 
                                more electors has not been regularly 
                                given.</DELETED>
                <DELETED>    ``(C) Consideration of objections.--
                </DELETED>
                        <DELETED>    ``(i) In general.--When all 
                        objections so made to any vote or paper from a 
                        State shall have been received and read, the 
                        Senate shall thereupon withdraw, and such 
                        objections shall be submitted to the Senate for 
                        its decision; and the Speaker of the House of 
                        Representatives shall, in like manner, submit 
                        such objections to the House of Representatives 
                        for its decision.</DELETED>
                        <DELETED>    ``(ii) Determination.--No 
                        objection may be sustained unless such 
                        objection is sustained by separate concurring 
                        votes of each House.</DELETED>
                <DELETED>    ``(D) Reconvening.--When the two Houses 
                have voted, they shall immediately again meet, and the 
                presiding officer shall then announce the decision of 
                the questions submitted. No votes or papers from any 
                other State shall be acted upon until the objections 
                previously made to the votes or papers from any State 
                shall have been finally disposed of.</DELETED>
<DELETED>    ``(e) Rules for Tabulating Votes.--</DELETED>
        <DELETED>    ``(1) Counting of votes.--</DELETED>
                <DELETED>    ``(A) In general.--Except as provided in 
                subparagraph (B)--</DELETED>
                        <DELETED>    ``(i) only the votes of electors 
                        who have been appointed under a certificate of 
                        ascertainment of appointment of electors issued 
                        pursuant to section 5, or who have legally been 
                        appointed to fill a vacancy of any such elector 
                        pursuant to section 4, may be counted; 
                        and</DELETED>
                        <DELETED>    ``(ii) no vote of an elector 
                        described in clause (i) which has been 
                        regularly given shall be rejected.</DELETED>
                <DELETED>    ``(B) Exception.--The vote of an elector 
                who has been appointed under a certificate of 
                ascertainment of appointment of electors issued 
                pursuant to section 5 shall not be counted if--
                </DELETED>
                        <DELETED>    ``(i) there is an objection which 
                        meets the requirements of subsection 
                        (d)(2)(B)(i); and</DELETED>
                        <DELETED>    ``(ii) each House affirmatively 
                        sustains the objection as valid.</DELETED>
        <DELETED>    ``(2) Determination of majority.--If the number of 
        electors lawfully appointed by any State pursuant to a 
        certificate of ascertainment of appointment of electors that is 
        issued under section 5 is less than the number of electoral 
        votes entitled to be cast by the State, or if an objection the 
        grounds for which are described in subsection (d)(2)(B)(ii)(I) 
        has been sustained, the total number of electors appointed for 
        the purpose of determining a majority of the whole number of 
        electors appointed as required by the Twelfth Amendment to the 
        Constitution shall be reduced by the number of electors whom 
        the State has failed to appoint or as to whom the objection was 
        sustained.</DELETED>
        <DELETED>    ``(3) List of votes by tellers; declaration of 
        winner.--The tellers shall make a list of the votes as they 
        shall appear from the said certificates; and the votes having 
        been ascertained and counted according to the rules in this 
        subchapter provided, the result of the same shall be delivered 
        to the President of the Senate, who shall thereupon announce 
        the state of the vote, which announcement shall be deemed a 
        sufficient declaration of the persons, if any, elected 
        President and Vice President of the United States, and, 
        together with a list of the votes, be entered on the Journals 
        of the two Houses.''.</DELETED>
<DELETED>    (b) Conforming Amendment.--The table of contents for 
chapter 1 of title 3, United States Code, is amended by striking the 
item relating to section 15 and inserting the following:</DELETED>

<DELETED>``15. Counting electoral votes in Congress.''.

<DELETED>SEC. 110. RULES RELATING TO JOINT MEETING.</DELETED>

<DELETED>    (a) Limit of Debate in Each House.--Section 17 of title 3, 
United States Code, is amended to read as follows:</DELETED>
<DELETED>``Sec. 17. Same; limit of debate in each House</DELETED>
<DELETED>    ``When the two Houses separate to decide upon an objection 
pursuant to section 15(d)(2)(C)(i) that may have been made to the 
counting of any electoral vote or votes from any State, or other 
question arising in the matter--</DELETED>
        <DELETED>    ``(1) all such objections and questions permitted 
        with respect to such State shall be considered at such 
        time;</DELETED>
        <DELETED>    ``(2) each Senator and Representative may speak to 
        such objections or questions five minutes, and not more than 
        once;</DELETED>
        <DELETED>    ``(3) the total time for debate for all such 
        objections and questions with respect to such State shall not 
        exceed two hours in each House; and</DELETED>
        <DELETED>    ``(4) at the close of such debate, it shall be the 
        duty of the presiding officer of each House to put the 
        objections and questions to a vote without further 
        debate.''.</DELETED>
<DELETED>    (b) Parliamentary Procedure.--Section 18 of title 3, 
United States Code, is amended by inserting ``under section 
15(d)(2)(C)(i)'' after ``motion to withdraw''.</DELETED>

<DELETED>SEC. 111. SEVERABILITY.</DELETED>

<DELETED>    (a) In General.--Title 3, United States Code, is amended 
by inserting after section 21 the following new section:</DELETED>
<DELETED>``Sec. 22. Severability</DELETED>
        <DELETED>    ``If any provision of this chapter, or the 
        application of a provision to any person or circumstance, is 
        held to be unconstitutional, the remainder of this chapter, and 
        the application of the provisions to any person or 
        circumstance, shall not be affected by the 
        holding.''.</DELETED>
<DELETED>    (b) Conforming Amendment.--The table of contents for 
chapter 1 of title 3, United States Code, is amended by adding at the 
end the following:</DELETED>

<DELETED>``22. Severability.''.

  <DELETED>TITLE II--PRESIDENTIAL TRANSITION IMPROVEMENT ACT</DELETED>

<DELETED>SEC. 201. SHORT TITLE.</DELETED>

<DELETED>    This title may be cited as ``Presidential Transition 
Improvement Act''.</DELETED>

<DELETED>SEC. 202. MODIFICATIONS TO PRESIDENTIAL TRANSITION ACT OF 
              1963.</DELETED>

<DELETED>    (a) In General.--Section 3 of the Presidential Transition 
Act of 1963 (3 U.S.C. 102 note) is amended by striking subsection (c) 
and inserting the following:</DELETED>
<DELETED>    ``(c)(1) Apparent Successful Candidates.--</DELETED>
        <DELETED>    ``(A) In general.--For purposes of this Act, the 
        `apparent successful candidate' for the office of President and 
        Vice President, respectively, shall be determined as 
        follows:</DELETED>
                <DELETED>    ``(i) If all but one eligible candidate 
                for the office of President and one eligible candidate 
                for the office of Vice President, respectively, concede 
                the election, then the candidate for each such office 
                who has not conceded shall be the apparent successful 
                candidate for each such office.</DELETED>
                <DELETED>    ``(ii) If, on the date that is 5 days 
                after the date of the election, more than one eligible 
                candidate for the office of President has not conceded 
                the election, then each of the remaining eligible 
                candidates for such office and the office of Vice 
                President who have not conceded shall be treated as the 
                apparent successful candidates until such time as a 
                single candidate for the office of President is treated 
                as the apparent successful candidate pursuant to clause 
                (iii) or clause (iv).</DELETED>
                <DELETED>    ``(iii) If a single candidate for the 
                office of President or Vice President is determined by 
                the Administrator to meet the qualifications under 
                subparagraph (B), the Administrator may determine that 
                such candidate shall solely be treated as the apparent 
                successful candidate for that office until such time as 
                a single candidate for the office of President is 
                treated as the apparent successful candidate pursuant 
                to clause (iv).</DELETED>
                <DELETED>    ``(iv) If a single candidate for the 
                office of President or Vice President is the apparent 
                successful candidate for such office under subparagraph 
                (C), that candidate shall solely be treated as the 
                apparent successful candidate for that 
                office.</DELETED>
        <DELETED>    ``(B) Interim discretionary qualifications.--On or 
        after the date that is 5 days after the date of the election, 
        the Administrator may determine that a single candidate for the 
        office of President or Vice President shall be treated as the 
        sole apparent successful candidate for that office pursuant to 
        subparagraph (A)(iii) if it is substantially certain the 
        candidate will receive a majority of the pledged votes of 
        electors, based on consideration of the following 
        factors:</DELETED>
                <DELETED>    ``(i) The results of the election for such 
                office in States in which significant legal challenges 
                that could alter the outcome of the election in the 
                State have been substantially resolved, such that the 
                outcome is substantially certain.</DELETED>
                <DELETED>    ``(ii) The certified results of the 
                election for such office in States in which the 
                certification is complete.</DELETED>
                <DELETED>    ``(iii) The results of the election for 
                such office in States in which there is substantial 
                certainty of an apparent successful candidate based on 
                the totality of the circumstances.</DELETED>
        <DELETED>    ``(C) Mandatory qualifications.--</DELETED>
                <DELETED>    ``(i) In general.--Notwithstanding 
                subparagraph (A) or (B), a candidate shall be the sole 
                apparent successful candidate for the office of 
                President or Vice President pursuant to subparagraph 
                (A)(iv) for purposes of this Act if--</DELETED>
                        <DELETED>    ``(I) the candidate receives a 
                        majority of pledged votes of electors of such 
                        office based on certifications by States of 
                        their final canvass, and the conclusion of any 
                        recounts, legal actions, or administrative 
                        actions pertaining to the results of the 
                        election for such office;</DELETED>
                        <DELETED>    ``(II) in the case where subclause 
                        (I) is not met, the candidate receives a 
                        majority of votes of electors of such office at 
                        the meeting and vote of electors under section 
                        7 of title 3, United States Code; or</DELETED>
                        <DELETED>    ``(III) in the case where neither 
                        subclause (I) or (II) is met, the candidate is 
                        declared as the person elected to such office 
                        at the joint session of Congress under section 
                        15 of title 3, United States Code.</DELETED>
                <DELETED>    ``(ii) Clarification if state unable to 
                certify election results or appoints more than one 
                slate of electors.--For purposes of subclauses (I) and 
                (II) of clause (i), if a State is unable to certify its 
                election results or a State appoints more than one 
                slate of electors, the votes of the electors of such 
                State shall not count towards meeting the 
                qualifications under such subclauses.</DELETED>
<DELETED>    ``(2) Period of Multiple Possible Apparent Successful 
Candidates.--During any period in which there is more than one possible 
apparent successful candidate for the office of President--</DELETED>
        <DELETED>    ``(A) the Administrator is authorized to provide, 
        upon request, to each remaining eligible candidate for such 
        office and the office of Vice President described in paragraph 
        (1)(A)(ii) access to services and facilities pursuant to this 
        Act;</DELETED>
        <DELETED>    ``(B) the Administrator, in conjunction with the 
        Federal Transition Coordinator designated under section 4(c) 
        and the senior career employee of each agency and senior career 
        employee of each major component and subcomponent of each 
        agency designated under subsection (f)(1) to oversee and 
        implement the activities of the agency, component, or 
        subcomponent relating to the Presidential transition, shall 
        make efforts to ensure that each such candidate is provided 
        equal access to agency information and spaces as requested 
        pursuant to this Act;</DELETED>
        <DELETED>    ``(C) the Administrator shall provide weekly 
        reports to Congress containing a brief summary of the status of 
        funds being distributed to such candidates under this Act, the 
        level of access to agency information and spaces provided to 
        such candidates, and the status of such candidates with respect 
        to meeting the qualifications to be the apparent successful 
        candidate for the office of President or Vice President under 
        subparagraph (B) or (C) of paragraph (1); and</DELETED>
        <DELETED>    ``(D) if a single candidate for the office of 
        President or Vice President is treated as the apparent 
        successful candidate for such office pursuant to subparagraph 
        (A)(iii) or (A)(iv) of paragraph (1), not later than 24 hours 
        after such treatment is effective, the Administrator shall make 
        available to the public a written statement that such candidate 
        is treated as the sole apparent successful candidate for such 
        office for purposes of this Act, including a description of the 
        legal basis and reasons for such treatment based on the 
        qualifications under subparagraph (B) or (C) of paragraph (1), 
        as applicable.</DELETED>
<DELETED>    ``(3) Definition.--In this subsection, the term `eligible 
candidate' has the meaning given that term in subsection 
(h)(4).''.</DELETED>
<DELETED>    (b) Conforming Amendments.--The Presidential Transition 
Act of 1963 (3 U.S.C. 102 note) is amended--</DELETED>
        <DELETED>    (1) in section 3--</DELETED>
                <DELETED>    (A) in the heading, by striking 
                ``presidents-elect and vice-presidents-elect'' and 
                inserting ``apparent successful candidates'';</DELETED>
                <DELETED>    (B) in subsection (a)--</DELETED>
                        <DELETED>    (i) in the matter preceding 
                        paragraph (1)--</DELETED>
                                <DELETED>    (I) by striking ``each 
                                President-elect, each Vice-President-
                                elect'' and inserting ``each apparent 
                                successful candidate for the office of 
                                President and Vice President (as 
                                determined by subsection (c))''; 
                                and</DELETED>
                                <DELETED>    (II) by striking ``the 
                                President-elect and Vice-President-
                                elect'' and inserting ``each such 
                                candidate'';</DELETED>
                        <DELETED>    (ii) in paragraph (1)--</DELETED>
                                <DELETED>    (I) by striking ``the 
                                President-elect, the Vice-President-
                                elect'' and inserting ``the apparent 
                                successful candidate''; and</DELETED>
                                <DELETED>    (II) by striking ``the 
                                President-elect or Vice-President-
                                elect'' and inserting ``the apparent 
                                successful candidate'';</DELETED>
                        <DELETED>    (iii) in paragraphs (2), (3), (4), 
                        and (5), by striking ``the President-elect or 
                        Vice-President-elect'' each place it appears 
                        and inserting ``the apparent successful 
                        candidate'';</DELETED>
                        <DELETED>    (iv) in paragraph (4)(B), by 
                        striking ``the President-elect, the Vice-
                        President-elect, or the designee of the 
                        President-elect or Vice-President-elect'' and 
                        inserting ``the apparent successful candidate 
                        or their designee'';</DELETED>
                        <DELETED>    (v) in paragraph (8), in 
                        subparagraph (A)(v) and (B), by striking ``the 
                        President-elect'' and inserting ``the apparent 
                        successful candidate for the office of 
                        President''; and</DELETED>
                        <DELETED>    (vi) in paragraph (10)--</DELETED>
                                <DELETED>    (I) by striking ``any 
                                President-elect, Vice-President-elect, 
                                or eligible candidate'' and inserting 
                                ``any apparent successful candidate or 
                                eligible candidate''; and</DELETED>
                                <DELETED>    (II) by striking ``the 
                                President-elect and Vice President-
                                elect'' and inserting ``the apparent 
                                successful candidates'';</DELETED>
                <DELETED>    (C) in subsection (b)--</DELETED>
                        <DELETED>    (i) in paragraph (1), by striking 
                        ``the President-elect or Vice-President-elect, 
                        or after the inauguration of the President-
                        elect as President and the inauguration of the 
                        Vice-President-elect as Vice President'' and 
                        inserting ``the apparent successful candidates, 
                        or after the inauguration of the apparent 
                        successful candidate for the office of 
                        President as President and the inauguration of 
                        the apparent successful candidate for the 
                        office of Vice President as Vice President''; 
                        and</DELETED>
                        <DELETED>    (ii) in paragraph (2), by striking 
                        ``the President-elect, Vice-President-elect'' 
                        and inserting ``the apparent successful 
                        candidate'';</DELETED>
                <DELETED>    (D) in subsection (d)--</DELETED>
                        <DELETED>    (i) in the first sentence, by 
                        striking ``Each President-elect'' and inserting 
                        ``Each apparent successful candidate for the 
                        office of President''; and</DELETED>
                        <DELETED>    (ii) in the second sentence, by 
                        striking ``Each Vice-President-elect'' and 
                        inserting ``Each apparent successful candidate 
                        for the office of Vice-President'';</DELETED>
                <DELETED>    (E) in subsection (e)--</DELETED>
                        <DELETED>    (i) in the first sentence, by 
                        striking ``Each President-elect and Vice-
                        President-elect'' and inserting ``Each apparent 
                        successful candidate''; and</DELETED>
                        <DELETED>    (ii) in the second sentence, by 
                        striking ``any President-elect or Vice-
                        President-elect may be made upon the basis of a 
                        certificate by him or the assistant designated 
                        by him'' and inserting ``any apparent 
                        successful candidate may be made upon the basis 
                        of a certificate by the candidate or their 
                        designee'';</DELETED>
                <DELETED>    (F) in subsection (f)--</DELETED>
                        <DELETED>    (i) in paragraph (1), by striking 
                        ``The President-elect'' and inserting ``Any 
                        apparent successful candidate for the office of 
                        President''; and</DELETED>
                        <DELETED>    (ii) in paragraph (2), by striking 
                        ``inauguration of the President-elect as 
                        President and the inauguration of the Vice-
                        President-elect as Vice President'' and 
                        inserting ``inauguration of the apparent 
                        successful candidate for the office of 
                        President as President and the inauguration of 
                        the apparent successful candidate for the 
                        office of Vice President as Vice 
                        President'';</DELETED>
                <DELETED>    (G) in subsection (g), by striking ``In 
                the case where the President-elect is the incumbent 
                President or in the case where the Vice-President-elect 
                is the incumbent Vice President'' and inserting ``In 
                the case where an apparent successful candidate for the 
                office of President is the incumbent President or in 
                the case where an apparent successful candidate for the 
                office of Vice President is the incumbent Vice 
                President'';</DELETED>
                <DELETED>    (H) in subsection (h)--</DELETED>
                        <DELETED>    (i) in paragraph (2)(B)(iv), by 
                        striking ``the President-elect or Vice-
                        President-elect'' and inserting ``an apparent 
                        successful candidates''; and</DELETED>
                        <DELETED>    (ii) in paragraph (3)(B)(iii), by 
                        striking ``the President-elect or Vice-
                        President-elect'' and inserting ``an apparent 
                        successful candidates''; and</DELETED>
                <DELETED>    (I) in subsection (i)(3)(C)--</DELETED>
                        <DELETED>    (i) in clause (i), by striking 
                        ``the inauguration of the President-elect as 
                        President and the inauguration of the Vice-
                        President-elect as Vice President'' and 
                        inserting ``the inauguration of the apparent 
                        successful candidate for the office of 
                        President as President and the inauguration of 
                        the apparent successful candidate for the 
                        office of Vice President as Vice President''; 
                        and</DELETED>
                        <DELETED>    (ii) in clause (ii), by striking 
                        ``upon request of the President-elect or the 
                        Vice-President-elect'' and inserting ``upon 
                        request of the apparent successful 
                        candidate'';</DELETED>
        <DELETED>    (2) in section 4--</DELETED>
                <DELETED>    (A) in subsection (e)--</DELETED>
                        <DELETED>    (i) in paragraph (1)(B), by 
                        striking ``the President-elect and Vice-
                        President-elect'' and inserting ``the apparent 
                        successful candidates (as determined by section 
                        3(c))''; and</DELETED>
                        <DELETED>    (ii) in paragraph (4)(B), by 
                        striking ``the President-elect is inaugurated'' 
                        and inserting ``the apparent successful 
                        candidate for the office of President is 
                        inaugurated''; and</DELETED>
                <DELETED>    (B) in subsection (g)--</DELETED>
                        <DELETED>    (i) in paragraph (3)(A), by 
                        striking ``the President-elect'' and inserting 
                        ``the apparent successful candidate for the 
                        office of President''; and</DELETED>
                        <DELETED>    (ii) in paragraph (3)(B)(ii)(III), 
                        by striking ``the President-elect'' and 
                        inserting ``the apparent successful candidate 
                        for the office of President'';</DELETED>
        <DELETED>    (3) in section 5, in the first sentence, by 
        striking ``Presidents-elect and Vice-Presidents-elect'' and 
        inserting ``apparent successful candidates (as determined by 
        section 3(c))'';</DELETED>
        <DELETED>    (4) in section 6--</DELETED>
                <DELETED>    (A) in subsection (a)--</DELETED>
                        <DELETED>    (i) in paragraph (1)--</DELETED>
                                <DELETED>    (I) by striking ``The 
                                President-elect and Vice-President-
                                elect'' and inserting ``Each apparent 
                                successful candidate (as determined by 
                                section 3(c))''; and</DELETED>
                                <DELETED>    (II) by striking ``the 
                                President-elect or Vice-President-
                                elect'' and inserting ``the apparent 
                                successful candidate'';</DELETED>
                        <DELETED>    (ii) in paragraph (2), by striking 
                        ``The President-elect and Vice-President-
                        elect'' and inserting ``Each apparent 
                        successful candidate''; and</DELETED>
                        <DELETED>    (iii) in paragraph (3)(A), by 
                        striking ``inauguration of the President-elect 
                        as President and the Vice-President-elect as 
                        Vice President'' and inserting ``inauguration 
                        of the apparent successful candidate for the 
                        office of President as President and the 
                        apparent successful candidate for the office of 
                        Vice-President as Vice President'';</DELETED>
                <DELETED>    (B) in subsection (b)(1)--</DELETED>
                        <DELETED>    (i) in the matter preceding 
                        subparagraph (A), by striking ``The President-
                        elect and Vice-President-elect'' and inserting 
                        ``Each apparent successful candidate''; 
                        and</DELETED>
                        <DELETED>    (ii) in subparagraph (A), by 
                        striking ``the President-elect or Vice-
                        President-elect's'' and inserting ``the 
                        apparent successful candidate's''; 
                        and</DELETED>
                <DELETED>    (C) in subsection (c), by striking ``The 
                President-elect and Vice-President-elect'' and 
                inserting ``Each apparent successful candidate''; 
                and</DELETED>
        <DELETED>    (5) in section 7(a)(1), by striking ``the 
        President-elect and Vice President-elect'' and inserting ``the 
        apparent successful candidates''.</DELETED>

SECTION 1. SHORT TITLE, ETC.

    (a) Short Title.--This Act may be cited as the ``Electoral Count 
Reform and Presidential Transition Improvement Act of 2022''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title, etc.

                  TITLE I--ELECTORAL COUNT REFORM ACT

Sec. 101. Short title.
Sec. 102. Time for appointing electors.
Sec. 103. Clarification with respect to vacancies in electoral college.
Sec. 104. Certificate of ascertainment of appointment of electors.
Sec. 105. Duties of the Archivist.
Sec. 106. Meeting of electors.
Sec. 107. Transmission of certificates of votes.
Sec. 108. Failure of certificate of votes to reach recipients.
Sec. 109. Clarifications relating to counting electoral votes.
Sec. 110. Rules relating to joint meeting.
Sec. 111. Severability.

           TITLE II--PRESIDENTIAL TRANSITION IMPROVEMENT ACT

Sec. 201. Short title.
Sec. 202. Modifications to Presidential Transition Act of 1963.

                  TITLE I--ELECTORAL COUNT REFORM ACT

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Electoral Count Reform Act of 
2022''.

SEC. 102. TIME FOR APPOINTING ELECTORS.

    (a) In General.--Title 3, United States Code, is amended by 
striking sections 1 and 2 and inserting the following:
``Sec. 1. Time of appointing electors
    ``The electors of President and Vice President shall be appointed, 
in each State, on election day, in accordance with the laws of the 
State enacted prior to election day.''.
    (b) Election Day.--Section 21 of title 3, United States Code, is 
amended by redesignating subsections (a) and (b) as paragraphs (2) and 
(3), respectively, and by inserting before paragraph (2) (as so 
redesignated) the following:
            ``(1) `election day' means the Tuesday next after the first 
        Monday in November, in every fourth year succeeding every 
        election of a President and Vice President held in each State, 
        except, in the case of a State that appoints electors by 
        popular vote, if the State modifies the period of voting, as 
        necessitated by force majeure events that are extraordinary and 
        catastrophic, as provided under laws of the State enacted prior 
        to such day, `election day' shall include the modified period 
        of voting.''.
    (c) Conforming Amendment.--The table of contents for chapter 1 of 
title 3, United States Code, is amended by striking the item relating 
to section 1 and inserting the following:

``1. Time of appointing electors.''.

SEC. 103. CLARIFICATION WITH RESPECT TO VACANCIES IN ELECTORAL COLLEGE.

    Section 4 of title 3, United States Code, is amended by inserting 
``enacted prior to election day'' after ``by law''.

SEC. 104. CERTIFICATE OF ASCERTAINMENT OF APPOINTMENT OF ELECTORS.

    (a) Determination.--Section 5 of title 3, United States Code, is 
amended to read as follows:
``Sec. 5. Certificate of ascertainment of appointment of electors
    ``(a) In General.--
            ``(1) Certification.--Not later than the date that is 6 
        days before the time fixed for the meeting of the electors, the 
        executive of each State shall issue a certificate of 
        ascertainment of appointment of electors, under and in 
        pursuance of the laws of such State providing for such 
        appointment and ascertainment enacted prior to election day.
            ``(2) Form of certificate.--Each certificate of 
        ascertainment of appointment of electors shall--
                    ``(A) set forth the names of the electors appointed 
                and the canvass or other determination under the laws 
                of such State of the number of votes given or cast for 
                each person for whose appointment any and all votes 
                have been given or cast;
                    ``(B) bear the seal of the State; and
                    ``(C) contain at least one security feature, as 
                determined by the State, for purposes of verifying the 
                authenticity of such certificate.
    ``(b) Transmission.--It shall be the duty of the executive of each 
State--
            ``(1) to transmit to the Archivist of the United States, 
        immediately after the issuance of the certificate of 
        ascertainment of appointment of electors and by the most 
        expeditious method available, such certificate of ascertainment 
        of appointment of electors; and
            ``(2) to transmit to the electors of such State, on or 
        before the day on which the electors are required to meet under 
        section 7, six duplicate-originals of the same certificate.
    ``(c) Treatment of Certificate as Conclusive.--For purposes of 
section 15:
            ``(1) In general.--
                    ``(A) Initial certificate.--Except as provided in 
                subparagraph (B), the certificate of ascertainment of 
                appointment of electors issued pursuant to subsection 
                (a)(1) shall be treated as conclusive in Congress with 
                respect to the determination of electors appointed by 
                the State.
                    ``(B) Certificates issued pursuant to court 
                orders.--Any certificate of ascertainment of 
                appointment of electors required to be issued or 
                revised by any State or Federal judicial relief granted 
                prior to the date of the meeting of electors shall 
                replace and supersede any other certificates submitted 
                pursuant to this section.
            ``(2) Determination of federal questions.--The 
        determination of Federal courts on questions arising under the 
        Constitution or laws of the United States with respect to a 
        certificate of ascertainment of appointment of electors shall 
        be conclusive in Congress.
    ``(d) Venue and Expedited Procedure.--
            ``(1) In general.--Any action brought by an aggrieved 
        candidate for President or Vice President that arises under the 
        Constitution or laws of the United States with respect to the 
        issuance of the certification required under section (a)(1), or 
        the transmission of such certification as required under 
        subsection (b), shall be subject to the following rules:
                    ``(A) Venue.--The venue for such action shall be 
                the Federal district court of the Federal district in 
                which the State capital is located.
                    ``(B) 3-judge panel.--Such action shall be heard by 
                a district court of three judges, convened pursuant to 
                section 2284 of title 28, United States Code, except 
                that--
                            ``(i) the court shall be comprised of two 
                        judges of the circuit court of appeals in which 
                        the district court lies and one judge of the 
                        district court in which the action is brought; 
                        and
                            ``(ii) section 2284(b)(2) of such title 
                        shall not apply.
                    ``(C) Expedited procedure.--It shall be the duty of 
                the court to advance on the docket and to expedite to 
                the greatest possible extent the disposition of the 
                action, consistent with all other relevant deadlines 
                established by this chapter and the laws of the United 
                States.
                    ``(D) Appeals.--Notwithstanding section 1253 of 
                title 28, United States Code, the final judgment of the 
                panel convened under subparagraph (B) may be reviewed 
                directly by the Supreme Court, by writ of certiorari 
                granted upon petition of any party to the case, on an 
                expedited basis, so that a final order of the court on 
                remand of the Supreme Court may occur on or before the 
                day before the time fixed for the meeting of electors.
            ``(2) Rule of construction.--This subsection--
                    ``(A) shall be construed solely to establish venue 
                and expedited procedures in any action brought by an 
                aggrieved candidate for President or Vice President as 
                specified in this subsection that arises under the 
                Constitution or laws of the United States; and
                    ``(B) shall not be construed to preempt or displace 
                any existing State or Federal cause of action.''.
    (b) Executive of a State.--Section 21 of title 3, United States 
Code, as amended by section 102(b), is amended by striking paragraph 
(3) and inserting the following:
            ``(3) `executive' means, with respect to any State, the 
        Governor of the State (or, in the case of the District of 
        Columbia, the Mayor of the District of Columbia), except when 
        the laws or constitution of a State in effect as of election 
        day expressly require a different State executive to perform 
        the duties identified under this chapter.''.
    (c) Conforming Amendments.--
            (1) Section 9 of title 3, United States Code, is amended by 
        striking ``annex to each of the certificates one of the lists 
        of the electors'' and inserting ``annex to each of the 
        certificates of votes one of the certificates of ascertainment 
        of appointment of electors''.
            (2) The table of contents for chapter 1 of title 3, United 
        States Code, is amended by striking the items relating to 
        sections 5 inserting the following:

``5. Certificate of ascertainment of appointment of electors.''.

SEC. 105. DUTIES OF THE ARCHIVIST.

    (a) In General.--Section 6 of title 3, United States Code, is 
amended to read as follows:
``Sec. 6. Duties of Archivist
    ``The certificates of ascertainment of appointment of electors 
received by the Archivist of the United States under section 5 shall--
            ``(1) be preserved for one year;
            ``(2) be a part of the public records of such office; and
            ``(3) be open to public inspection.''.
    (b) Conforming Amendment.--The table of contents for chapter 1 of 
title 3, United States Code, is amended by striking the items relating 
to section 6 and inserting the following:

``6. Duties of Archivist.''.

SEC. 106. MEETING OF ELECTORS.

    (a) Time for Meeting.--Section 7 of title 3, United States Code, is 
amended--
            (1) by striking ``Monday'' and inserting ``Tuesday''; and
            (2) by striking ``as the legislature of such State shall 
        direct'' and inserting ``in accordance with the laws of the 
        State enacted prior to election day''.
    (b) Clarification on Sealing of Certificates of Votes.--Section 10 
of such title is amended by striking ``the certificates so made by 
them'' and inserting ``the certificates of votes so made by them, 
together with the annexed certificates of ascertainment of appointment 
of electors,''.

SEC. 107. TRANSMISSION OF CERTIFICATES OF VOTES.

    (a) In General.--Section 11 of title 3, United States Code, is 
amended to read as follows:
``Sec. 11. Transmission of certificates by electors
    ``The electors shall immediately transmit at the same time and by 
the most expeditious method available the certificates of votes so made 
by them, together with the annexed certificates of ascertainment of 
appointment of electors, as follows:
            ``(1) One set shall be sent to the President of the Senate 
        at the seat of government.
            ``(2) Two sets shall be sent to the chief election officer 
        of the State, one of which shall be held subject to the order 
        of the President of the Senate, the other to be preserved by 
        such official for one year and shall be a part of the public 
        records of such office and shall be open to public inspection.
            ``(3) Two sets shall be sent to the Archivist of the United 
        States at the seat of government, one of which shall be held 
        subject to the order of the President of the Senate and the 
        other of which shall be preserved by the Archivist of the 
        United States for one year and shall be a part of the public 
        records of such office and shall be open to public inspection.
            ``(4) One set shall be sent to the judge of the district in 
        which the electors shall have assembled.''.
    (b) Conforming Amendment.--The table of contents for chapter 1 of 
title 3, United States Code, is amended by striking the item relating 
to section 11 and inserting the following:

``11. Transmission of certificates by electors.''.

SEC. 108. FAILURE OF CERTIFICATE OF VOTES TO REACH RECIPIENTS.

    (a) In General.--Section 12 of title 3, United States Code, is 
amended--
            (1) by inserting ``, after the meeting of the electors 
        shall have been held,'' after ``When'';
            (2) by striking ``in December, after the meeting of the 
        electors shall have been held,'' and inserting ``in 
        December,'';
            (3) by striking ``or, if he be absent'' and inserting ``or, 
        if the President of the Senate be absent'';
            (4) by striking ``secretary of State'' and insert ``chief 
        election officer of the State'';
            (5) by striking ``and list'';
            (6) by striking ``lodged with him'' and inserting ``lodged 
        with such officer'';
            (7) by striking ``his duty'' and inserting ``the duty of 
        such chief election officer of the State''; and
            (8) by striking ``by registered mail'' and inserting ``by 
        the most expeditious method available''.
    (b) Continued Failure.--Section 13 of title 3, United States Code, 
is amended--
            (1) by inserting ``, after the meeting of the electors 
        shall have been held,'' after ``When'';
            (2) by striking ``in December, after the meeting of the 
        electors shall have been held,'' and inserting ``in 
        December,'';
            (3) by striking ``or, if he be absent'' and inserting ``or, 
        if the President of the Senate be absent''; and
            (4) by striking ``that list'' and inserting ``that 
        certificate''.
    (c) Elimination of Messenger's Penalty.--
            (1) In general.--Title 3, United States Code, is amended by 
        striking section 14.
            (2) Conforming amendment.--The table of contents for 
        chapter 1 of title 3, United States Code, is amended by 
        striking the item relating to section 14.

SEC. 109. CLARIFICATIONS RELATING TO COUNTING ELECTORAL VOTES.

    (a) In General.--Section 15 of title 3, United States Code, is 
amended to read as follows:
``Sec. 15. Counting electoral votes in Congress
    ``(a) In General.--Congress shall be in session 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 Senate shall be their presiding officer.
    ``(b) Powers of the President of Senate.--
            ``(1) Ministerial in nature.--Except as otherwise provided 
        in this chapter, the role of the President of the Senate while 
        presiding over the joint meeting shall be limited to performing 
        solely ministerial duties.
            ``(2) Powers explicitly denied.--The President of the 
        Senate shall have no power to solely determine, accept, reject, 
        or otherwise adjudicate or resolve disputes over the proper 
        list of electors, the validity of electors, or the votes of 
        electors.
    ``(c) Appointment of Tellers.--At the joint meeting of the Senate 
and House of Representatives described in subsection (a), there shall 
be present two tellers previously appointed on the part of the Senate 
and two tellers previously appointed on the part of the House of 
Representatives by the presiding officers of the respective chambers.
    ``(d) Procedure at Joint Meeting Generally.--
            ``(1) In general.--The President of the Senate shall--
                    ``(A) open the certificates and papers purporting 
                to be certificates of the votes of electors appointed 
                pursuant to a certificate of ascertainment of 
                appointment of electors issued pursuant to section 5, 
                in the alphabetical order of the States, beginning with 
                the letter A; and
                    ``(B) upon opening any certificate, hand the 
                certificate and any accompanying papers to the tellers, 
                who shall read the same in the presence and hearing of 
                the two Houses.
            ``(2) Action on certificate.--
                    ``(A) In general.--Upon the reading of each 
                certificate or paper, the President of the Senate shall 
                call for objections, if any.
                    ``(B) Requirements for objections.--
                            ``(i) Objections.--No objection shall be in 
                        order unless the objection--
                                    ``(I) is made in writing;
                                    ``(II) is signed by at least one-
                                fifth of the Senators duly chosen and 
                                sworn and one-fifth of the Members of 
                                the House of Representatives duly 
                                chosen and sworn; and
                                    ``(III) states clearly and 
                                concisely, without argument, one of the 
                                grounds listed under clause (ii).
                            ``(ii) Grounds for objections.--The only 
                        grounds for objections shall be as follows:
                                    ``(I) The electors of the State 
                                were not lawfully certified under a 
                                certificate of ascertainment of 
                                appointment of electors according to 
                                section 5(a)(1).
                                    ``(II) The vote of one or more 
                                electors has not been regularly given.
                    ``(C) Consideration of objections.--
                            ``(i) In general.--When all objections so 
                        made to any vote or paper from a State shall 
                        have been received and read, the Senate shall 
                        thereupon withdraw, and such objections shall 
                        be submitted to the Senate for its decision; 
                        and the Speaker of the House of Representatives 
                        shall, in like manner, submit such objections 
                        to the House of Representatives for its 
                        decision.
                            ``(ii) Determination.--No objection may be 
                        sustained unless such objection is sustained by 
                        separate concurring votes of each House.
                    ``(D) Reconvening.--When the two Houses have voted, 
                they shall immediately again meet, and the presiding 
                officer shall then announce the decision of the 
                questions submitted. No votes or papers from any other 
                State shall be acted upon until the objections 
                previously made to the votes or papers from any State 
                shall have been finally disposed of.
    ``(e) Rules for Tabulating Votes.--
            ``(1) Counting of votes.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B)--
                            ``(i) only the votes of electors who have 
                        been appointed under a certificate of 
                        ascertainment of appointment of electors issued 
                        pursuant to section 5, or who have legally been 
                        appointed to fill a vacancy of any such elector 
                        pursuant to section 4, may be counted; and
                            ``(ii) no vote of an elector described in 
                        clause (i) which has been regularly given shall 
                        be rejected.
                    ``(B) Exception.--The vote of an elector who has 
                been appointed under a certificate of ascertainment of 
                appointment of electors issued pursuant to section 5 
                shall not be counted if--
                            ``(i) there is an objection which meets the 
                        requirements of subsection (d)(2)(B)(i); and
                            ``(ii) each House affirmatively sustains 
                        the objection as valid.
            ``(2) Determination of majority.--If the number of electors 
        lawfully appointed by any State pursuant to a certificate of 
        ascertainment of appointment of electors that is issued under 
        section 5 is fewer than the number of electors to which the 
        State is entitled under section 3, or if an objection the 
        grounds for which are described in subsection (d)(2)(B)(ii)(I) 
        has been sustained, the total number of electors appointed for 
        the purpose of determining a majority of the whole number of 
        electors appointed as required by the Twelfth Amendment to the 
        Constitution shall be reduced by the number of electors whom 
        the State has failed to appoint or as to whom the objection was 
        sustained.
            ``(3) List of votes by tellers; declaration of winner.--The 
        tellers shall make a list of the votes as they shall appear 
        from the said certificates; and the votes having been 
        ascertained and counted according to the rules in this 
        subchapter provided, the result of the same shall be delivered 
        to the President of the Senate, who shall thereupon announce 
        the state of the vote, which announcement shall be deemed a 
        sufficient declaration of the persons, if any, elected 
        President and Vice President of the United States, and, 
        together with a list of the votes, be entered on the Journals 
        of the two Houses.''.
    (b) Conforming Amendment.--The table of contents for chapter 1 of 
title 3, United States Code, is amended by striking the item relating 
to section 15 and inserting the following:

``15. Counting electoral votes in Congress.''.

SEC. 110. RULES RELATING TO JOINT MEETING.

    (a) Limit of Debate in Each House.--Section 17 of title 3, United 
States Code, is amended to read as follows:
``Sec. 17. Same; limit of debate in each House
    ``When the two Houses separate to decide upon an objection pursuant 
to section 15(d)(2)(C)(i) that may have been made to the counting of 
any electoral vote or votes from any State, or other question arising 
in the matter--
            ``(1) all such objections and questions permitted with 
        respect to such State shall be considered at such time;
            ``(2) each Senator and Representative may speak to such 
        objections or questions five minutes, and not more than once;
            ``(3) the total time for debate for all such objections and 
        questions with respect to such State shall not exceed two hours 
        in each House; and
            ``(4) at the close of such debate, it shall be the duty of 
        the presiding officer of each House to put the objections and 
        questions to a vote without further debate.''.
    (b) Parliamentary Procedure.--Section 18 of title 3, United States 
Code, is amended by inserting ``under section 15(d)(2)(C)(i)'' after 
``motion to withdraw''.

SEC. 111. SEVERABILITY.

    (a) In General.--Title 3, United States Code, is amended by 
inserting after section 21 the following new section:
``Sec. 22. Severability
            ``If any provision of this chapter, or the application of a 
        provision to any person or circumstance, is held to be 
        unconstitutional, the remainder of this chapter, and the 
        application of the provisions to any person or circumstance, 
        shall not be affected by the holding.''.
    (b) Conforming Amendment.--The table of contents for chapter 1 of 
title 3, United States Code, is amended by adding at the end the 
following:

``22. Severability.''.

           TITLE II--PRESIDENTIAL TRANSITION IMPROVEMENT ACT

SEC. 201. SHORT TITLE.

    This title may be cited as ``Presidential Transition Improvement 
Act''.

SEC. 202. MODIFICATIONS TO PRESIDENTIAL TRANSITION ACT OF 1963.

    (a) In General.--Section 3 of the Presidential Transition Act of 
1963 (3 U.S.C. 102 note) is amended by striking subsection (c) and 
inserting the following:
    ``(c)(1) Apparent Successful Candidates.--
            ``(A) In general.--For purposes of this Act, the `apparent 
        successful candidate' for the office of President and Vice 
        President, respectively, shall be determined as follows:
                    ``(i) If all but one eligible candidate for the 
                office of President and one eligible candidate for the 
                office of Vice President, respectively, concede the 
                election, then the candidate for each such office who 
                has not conceded shall be the apparent successful 
                candidate for each such office.
                    ``(ii) If, on the date that is 5 days after the 
                date of the election, more than one eligible candidate 
                for the office of President has not conceded the 
                election, then each of the remaining eligible 
                candidates for such office and the office of Vice 
                President who have not conceded shall be treated as the 
                apparent successful candidates until such time as a 
                single candidate for the office of President is treated 
                as the apparent successful candidate pursuant to clause 
                (iii) or clause (iv).
                    ``(iii) If a single candidate for the office of 
                President or Vice President is determined by the 
                Administrator to meet the qualifications under 
                subparagraph (B), the Administrator may determine that 
                such candidate shall solely be treated as the apparent 
                successful candidate for that office until such time as 
                a single candidate for the office of President is 
                treated as the apparent successful candidate pursuant 
                to clause (iv).
                    ``(iv) If a single candidate for the office of 
                President or Vice President is the apparent successful 
                candidate for such office under subparagraph (C), that 
                candidate shall solely be treated as the apparent 
                successful candidate for that office.
            ``(B) Interim discretionary qualifications.--On or after 
        the date that is 5 days after the date of the election, the 
        Administrator may determine that a single candidate for the 
        office of President or Vice President shall be treated as the 
        sole apparent successful candidate for that office pursuant to 
        subparagraph (A)(iii) if it is substantially certain the 
        candidate will receive a majority of the pledged votes of 
        electors, based on consideration of the following factors:
                    ``(i) The results of the election for such office 
                in States in which significant legal challenges that 
                could alter the outcome of the election in the State 
                have been substantially resolved, such that the outcome 
                is substantially certain.
                    ``(ii) The certified results of the election for 
                such office in States in which the certification is 
                complete.
                    ``(iii) The results of the election for such office 
                in States in which there is substantial certainty of an 
                apparent successful candidate based on the totality of 
                the circumstances.
            ``(C) Mandatory qualifications.--
                    ``(i) In general.--Notwithstanding subparagraph (A) 
                or (B), a candidate shall be the sole apparent 
                successful candidate for the office of President or 
                Vice President pursuant to subparagraph (A)(iv) for 
                purposes of this Act if--
                            ``(I) the candidate receives a majority of 
                        pledged votes of electors of such office based 
                        on certifications by States of their final 
                        canvass, and the conclusion of any recounts, 
                        legal actions, or administrative actions 
                        pertaining to the results of the election for 
                        such office;
                            ``(II) in the case where subclause (I) is 
                        not met, the candidate receives a majority of 
                        votes of electors of such office at the meeting 
                        and vote of electors under section 7 of title 
                        3, United States Code; or
                            ``(III) in the case where neither subclause 
                        (I) or (II) is met, the candidate is declared 
                        as the person elected to such office at the 
                        joint session of Congress under section 15 of 
                        title 3, United States Code.
                    ``(ii) Clarification if state unable to certify 
                election results or appoints more than one slate of 
                electors.--For purposes of subclauses (I) and (II) of 
                clause (i), if a State is unable to certify its 
                election results or a State appoints more than one 
                slate of electors, the votes of the electors of such 
                State shall not count towards meeting the 
                qualifications under such subclauses.
    ``(2) Period of Multiple Possible Apparent Successful Candidates.--
During any period in which there is more than one possible apparent 
successful candidate for the office of President--
            ``(A) the Administrator is authorized to provide, upon 
        request, to each remaining eligible candidate for such office 
        and the office of Vice President described in paragraph 
        (1)(A)(ii) access to services and facilities pursuant to this 
        Act;
            ``(B) the Administrator, in conjunction with the Federal 
        Transition Coordinator designated under section 4(c) and the 
        senior career employee of each agency and senior career 
        employee of each major component and subcomponent of each 
        agency designated under subsection (f)(1) to oversee and 
        implement the activities of the agency, component, or 
        subcomponent relating to the Presidential transition, shall 
        make efforts to ensure that each such candidate is provided 
        equal access to agency information and spaces as requested 
        pursuant to this Act;
            ``(C) the Administrator shall provide weekly reports to 
        Congress containing a brief summary of the status of funds 
        being distributed to such candidates under this Act, the level 
        of access to agency information and spaces provided to such 
        candidates, and the status of such candidates with respect to 
        meeting the qualifications to be the apparent successful 
        candidate for the office of President or Vice President under 
        subparagraph (B) or (C) of paragraph (1); and
            ``(D) if a single candidate for the office of President or 
        Vice President is treated as the apparent successful candidate 
        for such office pursuant to subparagraph (A)(iii) or (A)(iv) of 
        paragraph (1), not later than 24 hours after such treatment is 
        effective, the Administrator shall make available to the public 
        a written statement that such candidate is treated as the sole 
        apparent successful candidate for such office for purposes of 
        this Act, including a description of the legal basis and 
        reasons for such treatment based on the qualifications under 
        subparagraph (B) or (C) of paragraph (1), as applicable.
    ``(3) Definition.--In this subsection, the term `eligible 
candidate' has the meaning given that term in subsection (h)(4).''.
    (b) Conforming Amendments.--The Presidential Transition Act of 1963 
(3 U.S.C. 102 note) is amended--
            (1) in section 3--
                    (A) in the heading, by striking ``presidents-elect 
                and vice-presidents-elect'' and inserting ``apparent 
                successful candidates'';
                    (B) in subsection (a)--
                            (i) in the matter preceding paragraph (1)--
                                    (I) by striking ``each President-
                                elect, each Vice-President-elect'' and 
                                inserting ``each apparent successful 
                                candidate for the office of President 
                                and Vice President (as determined by 
                                subsection (c))''; and
                                    (II) by striking ``the President-
                                elect and Vice-President-elect'' and 
                                inserting ``each such candidate'';
                            (ii) in paragraph (1)--
                                    (I) by striking ``the President-
                                elect, the Vice-President-elect'' and 
                                inserting ``the apparent successful 
                                candidate''; and
                                    (II) by striking ``the President-
                                elect or Vice-President-elect'' and 
                                inserting ``the apparent successful 
                                candidate'';
                            (iii) in paragraphs (2), (3), (4), and (5), 
                        by striking ``the President-elect or Vice-
                        President-elect'' each place it appears and 
                        inserting ``the apparent successful 
                        candidate'';
                            (iv) in paragraph (4)(B), by striking ``the 
                        President-elect, the Vice-President-elect, or 
                        the designee of the President-elect or Vice-
                        President-elect'' and inserting ``the apparent 
                        successful candidate or their designee'';
                            (v) in paragraph (8), in subparagraph 
                        (A)(v) and (B), by striking ``the President-
                        elect'' and inserting ``the apparent successful 
                        candidate for the office of President''; and
                            (vi) in paragraph (10)--
                                    (I) by striking ``any President-
                                elect, Vice-President-elect, or 
                                eligible candidate'' and inserting 
                                ``any apparent successful candidate or 
                                eligible candidate''; and
                                    (II) by striking ``the President-
                                elect and Vice President-elect'' and 
                                inserting ``the apparent successful 
                                candidates'';
                    (C) in subsection (b)--
                            (i) in paragraph (1), by striking ``the 
                        President-elect or Vice-President-elect, or 
                        after the inauguration of the President-elect 
                        as President and the inauguration of the Vice-
                        President-elect as Vice President'' and 
                        inserting ``the apparent successful candidates, 
                        or after the inauguration of the apparent 
                        successful candidate for the office of 
                        President as President and the inauguration of 
                        the apparent successful candidate for the 
                        office of Vice President as Vice President''; 
                        and
                            (ii) in paragraph (2), by striking ``the 
                        President-elect, Vice-President-elect'' and 
                        inserting ``the apparent successful 
                        candidate'';
                    (D) in subsection (d)--
                            (i) in the first sentence, by striking 
                        ``Each President-elect'' and inserting ``Each 
                        apparent successful candidate for the office of 
                        President''; and
                            (ii) in the second sentence, by striking 
                        ``Each Vice-President-elect'' and inserting 
                        ``Each apparent successful candidate for the 
                        office of Vice-President'';
                    (E) in subsection (e)--
                            (i) in the first sentence, by striking 
                        ``Each President-elect and Vice-President-
                        elect'' and inserting ``Each apparent 
                        successful candidate''; and
                            (ii) in the second sentence, by striking 
                        ``any President-elect or Vice-President-elect 
                        may be made upon the basis of a certificate by 
                        him or the assistant designated by him'' and 
                        inserting ``any apparent successful candidate 
                        may be made upon the basis of a certificate by 
                        the candidate or their designee'';
                    (F) in subsection (f)--
                            (i) in paragraph (1), by striking ``The 
                        President-elect'' and inserting ``Any apparent 
                        successful candidate for the office of 
                        President''; and
                            (ii) in paragraph (2), by striking 
                        ``inauguration of the President-elect as 
                        President and the inauguration of the Vice-
                        President-elect as Vice President'' and 
                        inserting ``inauguration of the apparent 
                        successful candidate for the office of 
                        President as President and the inauguration of 
                        the apparent successful candidate for the 
                        office of Vice President as Vice President'';
                    (G) in subsection (g), by striking ``In the case 
                where the President-elect is the incumbent President or 
                in the case where the Vice-President-elect is the 
                incumbent Vice President'' and inserting ``In the case 
                where an apparent successful candidate for the office 
                of President is the incumbent President or in the case 
                where an apparent successful candidate for the office 
                of Vice President is the incumbent Vice President'';
                    (H) in subsection (h)--
                            (i) in paragraph (2)(B)(iv), by striking 
                        ``the President-elect or Vice-President-elect'' 
                        and inserting ``an apparent successful 
                        candidates''; and
                            (ii) in paragraph (3)(B)(iii), by striking 
                        ``the President-elect or Vice-President-elect'' 
                        and inserting ``an apparent successful 
                        candidates''; and
                    (I) in subsection (i)(3)(C)--
                            (i) in clause (i), by striking ``the 
                        inauguration of the President-elect as 
                        President and the inauguration of the Vice-
                        President-elect as Vice President'' and 
                        inserting ``the inauguration of the apparent 
                        successful candidate for the office of 
                        President as President and the inauguration of 
                        the apparent successful candidate for the 
                        office of Vice President as Vice President''; 
                        and
                            (ii) in clause (ii), by striking ``upon 
                        request of the President-elect or the Vice-
                        President-elect'' and inserting ``upon request 
                        of the apparent successful candidate'';
            (2) in section 4--
                    (A) in subsection (e)--
                            (i) in paragraph (1)(B), by striking ``the 
                        President-elect and Vice-President-elect'' and 
                        inserting ``the apparent successful candidates 
                        (as determined by section 3(c))''; and
                            (ii) in paragraph (4)(B), by striking ``the 
                        President-elect is inaugurated'' and inserting 
                        ``the apparent successful candidate for the 
                        office of President is inaugurated''; and
                    (B) in subsection (g)--
                            (i) in paragraph (3)(A), by striking ``the 
                        President-elect'' and inserting ``the apparent 
                        successful candidate for the office of 
                        President''; and
                            (ii) in paragraph (3)(B)(ii)(III), by 
                        striking ``the President-elect'' and inserting 
                        ``the apparent successful candidate for the 
                        office of President'';
            (3) in section 5, in the first sentence, by striking 
        ``Presidents-elect and Vice-Presidents-elect'' and inserting 
        ``apparent successful candidates (as determined by section 
        3(c))'';
            (4) in section 6--
                    (A) in subsection (a)--
                            (i) in paragraph (1)--
                                    (I) by striking ``The President-
                                elect and Vice-President-elect'' and 
                                inserting ``Each apparent successful 
                                candidate (as determined by section 
                                3(c))''; and
                                    (II) by striking ``the President-
                                elect or Vice-President-elect'' and 
                                inserting ``the apparent successful 
                                candidate'';
                            (ii) in paragraph (2), by striking ``The 
                        President-elect and Vice-President-elect'' and 
                        inserting ``Each apparent successful 
                        candidate''; and
                            (iii) in paragraph (3)(A), by striking 
                        ``inauguration of the President-elect as 
                        President and the Vice-President-elect as Vice 
                        President'' and inserting ``inauguration of the 
                        apparent successful candidate for the office of 
                        President as President and the apparent 
                        successful candidate for the office of Vice-
                        President as Vice President'';
                    (B) in subsection (b)(1)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``The President-elect and 
                        Vice-President-elect'' and inserting ``Each 
                        apparent successful candidate''; and
                            (ii) in subparagraph (A), by striking ``the 
                        President-elect or Vice-President-elect's'' and 
                        inserting ``the apparent successful 
                        candidate's''; and
                    (C) in subsection (c), by striking ``The President-
                elect and Vice-President-elect'' and inserting ``Each 
                apparent successful candidate''; and
            (5) in section 7(a)(1), by striking ``the President-elect 
        and Vice President-elect'' and inserting ``the apparent 
        successful candidates''.
                                                       Calendar No. 529

117th CONGRESS

  2d Session

                                S. 4573

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