Laurence Tribe, Erwin Chemerinsky, Dennis Aftergut and Laurence H. Tribe: New Electoral Count Reform Act doesn't go far enough. They say it should include a governor as “conclusive” certifying authority and a period for judicial review. Writers: Only “extraordinary and catastrophic” events will allow a state to extend election day. Authors: Congress must scrap any objection mechanism that allows “election-denying’s. members, however numerous, to cause politically motivated confusion. Authors say it takes only one objector in the House and one in the Senate to bring the counting process to a halt and require congressional deliberation. The proposal also falls short in allowing members of Congress to object.
The biggest potential loophole might be the provision that ‘the laws of the State enacted prior to election day’ are decisive when it comes to the legality of a state’s certification of electors. An election-denying majority in a battleground state could adopt a law before November 2024 that might empower the legislature or secretary of state to award electors in a