Overview

Title

To amend title 3, United States Code, to include under the Electoral Count Act of 1887 that the vote of an elector of a State shall not be counted if, with respect to the election for President, the State did not include on the ballot in the State a candidate for President who was nominated by a major political party, and for other purposes.

ELI5 AI

The bill wants to make sure that in every state, people can vote for President from one of the big political parties. If a state doesn't have one of these candidates on their voting list, the people chosen to vote in the special group for President (called electors) won't have their votes counted.

Summary AI

H.R. 6885, known as the “Presidential Ballot Integrity Act,” aims to amend the Electoral Count Act of 1887. The bill stipulates that the votes of electoral college members from a state will not be counted in a presidential election if the state does not have a major political party’s candidate for President on its ballot. It also defines a "major political party" according to the Internal Revenue Code of 1986.

Published

2023-12-22
Congress: 118
Session: 1
Chamber: HOUSE
Status: Introduced in House
Date: 2023-12-22
Package ID: BILLS-118hr6885ih

Bill Statistics

Size

Sections:
2
Words:
429
Pages:
2
Sentences:
12

Language

Nouns: 135
Verbs: 25
Adjectives: 21
Adverbs: 0
Numbers: 14
Entities: 40

Complexity

Average Token Length:
3.89
Average Sentence Length:
35.75
Token Entropy:
4.52
Readability (ARI):
18.33

AnalysisAI

General Summary of the Bill

The bill, titled the "Presidential Ballot Integrity Act," proposes amendments to Title 3 of the United States Code, particularly related to the Electoral Count Act of 1887. The primary amendment outlined in the bill dictates that the electoral votes from a state should not be counted in a presidential election if that state did not include a candidate for President nominated by a "major political party" on its ballot. The definition of what constitutes a "major political party" is linked to Section 9002 of the Internal Revenue Code of 1986.

Summary of Significant Issues

One significant issue with the bill is that it could potentially lead to the disenfranchisement of voters. If a state's electoral votes are disregarded because a major party's candidate is absent from the ballot, the choice of the people from that state would be invalidated. This raises serious ethical and legal questions about voter rights and representation.

Another point of concern is the definition and understanding of what constitutes a "major political party." The bill refers to the Internal Revenue Code of 1986 for this definition, which might not be readily accessible or clear to the public. This could lead to confusion and misunderstanding about which parties qualify as "major political parties."

The wording used in the proposed bill, especially the phrase "if, with respect to the State of the elector in question," is convoluted and could lead to ambiguity and potential misinterpretation. This lack of clarity might open the door for legal challenges.

Moreover, the bill does not specify clear circumstances under which a candidate might not appear on a state's ballot. Without precise guidelines, there could be inconsistencies in how this law is applied, affecting states' compliance and hence, the integrity of elections.

Impact on the Public Broadly

If enacted, this bill could affect the outcome of presidential elections significantly by changing which votes are counted based on candidate availability on state ballots. Such a fundamental change in the counting of electoral votes raises broad implications for the democratic process. It could lead to a scenario where the expressed will of voters in certain states does not translate to electoral votes, potentially altering the outcome of presidential elections.

Impact on Specific Stakeholders

State Governments: State election officials would be directly impacted by this legislation, as they would need to ensure compliance by including the correct major party candidates on ballots to ensure their electoral votes are counted. This might require changes in ballot procedures and additional verification processes, potentially straining state resources.

Major Political Parties: The bill could benefit major political parties by ensuring their candidates' presence in every state ballot, potentially solidifying their influence in presidential elections. However, it might also put pressure on third-party or independent candidates who could find their impact reduced if their exclusion could lead to a state's electoral votes being discounted.

Voters: For voters, the bill poses a risk of disenfranchisement if their state's electoral votes are not counted due to non-compliance with the amendments. This may especially affect states with strong independent or third-party candidate support, creating a tension between voter choice and adherence to party-nominated candidates.

In conclusion, while the bill seeks to enforce the presence of major party candidates on state ballots, it raises critical concerns about voter disenfranchisement, clarity in legislative wording, and the potential for significant shifts in how electoral votes are counted. Stakeholders such as state governments, major political parties, and voters would all experience distinct impacts from this legislative change.

Issues

  • The amendment to the Electoral Count Act potentially disenfranchises voters by invalidating electoral votes from states that may not include candidates nominated by a major political party on their ballots. This raises significant legal and ethical concerns as detailed in Section 2(a).

  • The definition of 'major political party' refers to the Internal Revenue Code of 1986, which may not be well known to the public or easily accessible, as stated in Section 2(b). This complexity could lead to misunderstandings about which parties qualify and consequently affect the electoral process.

  • The language in Section 2(a), "if, with respect to the State of the elector in question," is convoluted and could create ambiguity regarding the conditions under which electoral votes are rejected. Clarifying this could avoid potential misinterpretations and legal challenges.

  • The amendment does not clearly specify the circumstances under which a candidate might not appear on the ballot, as mentioned in Section 2(a). This could lead to ambiguities and inconsistencies in the application of the law, possibly affecting state compliance and the integrity of elections.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The section states that the Act will be known as the “Presidential Ballot Integrity Act.”

2. Rejection of electoral votes of a State in certain cases Read Opens in new tab

Summary AI

The amendments to Section 15 of title 3 in the United States Code state that electoral votes should not be counted if a major political party's presidential candidate was not on the ballot in that State. The term "major political party" is defined according to the Internal Revenue Code of 1986.