What is the Electoral Count Act of 1887?

The Electoral Count Act of 1887 is a federal law passed by the United States Congress regulating the counting of electoral votes in presidential elections. The Act established a framework for deciding disputes regarding the counting of electoral votes. The Act was a response to the chaotic and disputed election of 1876 between Samuel J. Tilden and Rutherford B. Hayes. The Act established a procedure for counting electoral votes in which both Houses of Congress have concurrent authority to count votes and resolve disputes. It provides Congress may determine the manner in which electoral votes from each state shall be counted and decide which candidate, if any, shall receive the votes. If an objection is made, the two Houses of Congress shall vote separately and the votes shall be counted according to the decision of each House. In Virginia, the Act requires a candidate for President to receive a majority of the electoral votes in order to be declared the winner. If no candidate receives a majority, the Virginia General Assembly shall decide the election. The Act was passed in an effort to ensure that presidential elections are conducted in a fair and orderly manner. It serves as an important safeguard to ensure that the President is elected by all of the American people and not by a few powerful individuals or states.

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