What is the Electoral Count Act of 1887?
The Electoral Count Act of 1887 is a federal law that governs the process of counting and certifying the electoral votes for presidential elections. This law was enacted by Congress to replace the disputed electoral rules in the wake of the 1876 presidential election between Rutherford B. Hayes and Samuel J. Tilden. Under the Act, each state is responsible for governing its own electoral process, certifying electoral votes, and sending a “certificate of ascertainment” to the President of the Senate. The Act also includes provisions for what happens if an objection to a state’s electoral votes is made. If the two Houses of Congress cannot agree on whether to count the electoral votes, then the Act directs that the votes of the state whose results are being challenged should not be counted. The Act also contains a provision that allows the House of Representatives to choose who will become the President if the Electoral College fails to produce a clear majority. This provision has been rarely invoked since the election of 1876. In Texas, the Governor and House of Representatives shall make and certify the result of the election in that state. The certificate of ascertainment must include the names of all the electors who were chosen in the election. The Governor must then forward the certificate to the President of the Senate, who is responsible for counting the electoral votes.
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