What is the Electoral Count Act of 1887?

The Electoral Count Act of 1887 is a federal law that outlines how to count and resolve disputes over electoral votes in federal elections in the United States. The law was passed in 1887 as part of a larger reform package designed to prevent the kind of electoral disputes that plagued the presidential election of 1876. The Act lays out the process for tallying votes in states and resolving disputes that arise out of those tallies. In essence, the Act requires that there be a “safe harbor” deadline for states to submit their vote tally results and resolve any disputes before the final count of electoral votes is made. This deadline can be extended if there is a “controversy or contest” over the state’s votes. In addition, the Act allows members of congress to challenge electoral votes in the house of representatives if they believe that those votes were fraudulently or improperly cast. The Act also allows the House and Senate to decide how to count the electoral votes when there is a dispute over the result. In California, the Electoral Count Act of 1887 is enforced by both the state and federal government in order to ensure that elections remain fair, accurate, and that the will of the people is properly represented.

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