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.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4573 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 4573
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 20, 2022
Ms. Collins (for herself, Mr. Manchin, Mr. Portman, Ms. Sinema, Mr.
Romney, Mrs. Shaheen, Ms. Murkowski, Mr. Warner, Mr. Tillis, Mr.
Murphy, Mrs. Capito, Mr. Cardin, Mr. Young, Mr. Coons, Mr. Sasse, and
Mr. Graham) introduced the following bill; which was read twice and
referred to the Committee on Rules and Administration
_______________________________________________________________________
A BILL
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,
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 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.''.
(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, by
the most expeditious method available, the 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.--
``(1) In general.--For purposes of section 15--
``(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
``(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.
``(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.
``(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 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.
``(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.--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.
``(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.''.
(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 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.
``(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''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Rules and Administration. (Sponsor introductory remarks on measure: CR S3545-3546)
Committee on Rules and Administration. Ordered to be reported with an amendment favorably.
Committee on Rules and Administration. Reported by Senator Klobuchar under authority of the order of the Senate of 10/14/2022 with an amendment in the nature of a substitute. Without written report.
Committee on Rules and Administration. Reported by Senator Klobuchar under authority of the order of the Senate of 10/14/2022 with an amendment in the nature of a substitute. Without written report.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 529.
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