In a piece for The New York Times, Board Member J. Michael Luttig drew attention to “clear and present danger to our democracy” posed by potential future abuse of the Electoral Count Act. He writes, in part:
“Republicans are proponents of limited federal government. They oppose aggregation of power in Washington and want it dispersed to the states. It should be anathema to them that Congress has the power to overturn the will of the American people in an election that, by constitutional prescription, is administered by the states, not Washington. […]
Constitutional conservatives, especially, should want Electoral Count Act reform, because they should be the first to understand that the law is plainly unconstitutional. Nothing in the Constitution empowers Congress to decide the validity of the electoral slates submitted by the states. […]
Republicans and Democrats need to put aside their partisan differences long enough to fix this law before it enables the political equivalent of a civil war three years hence.”
And watch Judge Luttig’s conversation with Board Secretary Alan Raul about the “paradigmatic failure of leadership” in addressing these Constitutional dangers, here.