,,ii #aagth ,,congress #b;d ,session ,h4 ,r4 #hhgc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #bb1 #bjbb,received ,,an ,,act ,to amend title #c1 ,united ,states ,code1 to reform the process for the counting of electoral votes1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,presidential ,election ,reform ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,article ,,ii and the ,twelfth ,amendment to the ,constitution govern how our ,republic selects the ,president and ,vice ,president of the ,united ,states4 ,article ,,ii provides that each state shall appoint1 in such manner as the legislature may direct1 a number of electors1 equal to the whole number of ,senators and ,representatives to which the ,state may be entitled in the ,congress4 7,constitution1 article ,,ii1 section #a1 clause #b74 ,article ,,ii provides that ,congress has the authority to regulate the timing of such elections by setting the time of the ,presidential election and the day on which presidential electors cast their votes 7,constitution1 article ,,ii1 section #a1 clause #d74 ,the ,twelfth ,amendment identifies ,congress' responsibility for counting electoral votes3 ,the ,president of the ,senate shall1 in the presence of the ,senate and ,house of ,representatives1 open all the certificates and the votes shall then be counted4 ,the person having the greatest number of votes for ,president1 shall be the ,president1 if such number be a majority of the whole number of ,electors appointed44 ,congress' authorities in these respects are further bolstered by the ,necessary and ,proper ,clause of the ,constitution 7article ,i1 section #h1 clause #ah74 7#b7 ,on ,january #f1 #bjba1 a mob professing support for then-,president ,trump violently attacked the ,united ,states ,capitol in an effort to prevent a ,joint ,session of ,congress from certifying the electoral college votes designating ,joseph ,r4 ,biden the #dfth ,president of the ,united ,states4 ,trump v4 ,thompson1 #bj ,f4#dth #aj1 #ae 7,d4,c4 ,cir4 #bjba71 cert4 denied1 #adb ,s4 ,ct4 #acej 7#bjbb74 ,this constituted the single most deadly attack on the ,capitol by domestic forces in the history of the ,united ,states4 ,trump1 #bj ,f4#dth at #ce4 ,then-,vice ,president ,pence1 ,senators and ,representatives were all forced to halt their constitutional duties and flee 4 4 4 for safety4 ,id4 at #af4 ,the events of ,january #f1 #bjba marked the most significant assault on the ,capitol since the ,war of #ahab4 ,id4 at #ah-ai4 7#c7 ,the ,electoral ,count ,act of #ahhg should be amended to prevent other future unlawful efforts to overturn ,presidential elections and to ensure future peaceful transfers of ,presidential power4 7#d7 ,the reforms contained in this ,act are fully consistent with ,states' constitutional authority vested by ,article ,,ii to appoint electors2 the reforms herein do not restrict the mode in which ,states lawfully appoint their respective electors or resolve related contests or controversies1 but instead ensure that those appointments1 and the votes cast by those electors1 are duly transmitted to ,congress4 #c4 ,timing of appointing electors ,section #a of title #c1 ,united ,states ,code1 is amended-- 7#a7 by striking the period at the end and inserting 1 in accordance with ,state laws duly enacted prior to such day42 and 7#b7 by striking in every fourth year succeeding every election of a ,president and ,vice ,president and inserting in each year that is evenly divisible by four4 #d4 ,permitting extension of time for presidential election in event of catastrophic event potentially affecting outcome 7a7 ,extension of time for election ,section #b of title #c1 ,united ,states ,code1 is amended to read as follows3 #b4 ,limited extension of time for appointing electors 7a7 ,criteria for extending time for voting in ,presidential elections ,if a ,state provides for the ,state's electors to be appointed by popular election pursuant to ,state laws duly enacted prior to the day fixed by section #a of this title1 the time for voting in such election shall1 in accordance with the procedures described in subsection 7b71 be extended beyond the day fixed by section #a of this title if a candidate for ,president who appears on the ballot in the ,state demonstrates by clear and convincing evidence in an action filed under subsection 7b7 that-- 7#a7 a catastrophic event has occurred in the ,state2 7#b7 the catastrophic event has prevented a substantial portion of the ,state's electorate from casting a ballot on such day1 or caused a substantial portion of ballots already cast to be destroyed or rendered unreadable by such event without sufficient notice to affected voters by such day2 and 7#c7 the number of voters prevented from casting a ballot by such event1 the number of ballots destroyed or rendered unreadable by such event1 or the total of both such numbers1 is sufficient in number to potentially affect the ability of that candidate to win the election with respect to one or more presidential electors4 7b7 ,procedures 7#a7 ,authorizing filing of action by candidate ,a candidate for ,president who appears on the ballot of the ,state1 and no other person1 may file an action against the chief ,state election official of the ,state in the district court of the ,united ,states for the judicial district in which the capital of the ,state is located to seek an extension of the time for voting in the election under this section4 ,such district court shall have original and exclusive jurisdiction of any such action4 7#b7 ,determination by three-judge court 7,a7 ,in general ,any action under this subsection shall be heard and determined by a court of #c judges convened pursuant to section #bbhd of title #bh1 ,united ,states ,code1 except that subsection 7b77#b7 of such section shall not apply to any such action1 and any determination with respect to such an action shall be reviewable only by appeal directly to the ,supreme ,court of the ,united ,states4 7,b7 ,expedited consideration ,it shall be the duty of the district court described in paragraph 7#a7 and the ,supreme ,court of the ,united ,states to advance on the docket and to expedite to the greatest extent possible the disposition of any action or appeal under this subsection4 7#c7 ,criteria for decision ,the court shall require the time for voting in the election to be extended under this section only if the court finds by clear and convincing evidence that the criteria of subsection 7a7 are met4 7#d7 ,scope of extended voting period 7,a7 ,period of extension ,if the court finds that the criteria of subsection 7a7 are met1 the court shall1 except as provided in subparagraph 7,c71 order an extended voting period that shall be for the shortest duration necessary in light of the catastrophic event justifying the extension1 so long as such extended voting period concludes not later than #e days after the day fixed by section #a of this title4 7,b7 ,implementation of extension ,the time for voting in an election which is extended under this section shall only be extended in the area in the ,state specifically and directly affected by the catastrophic event1 and1 to the extent practicable1 all ballots cast on or prior to the day fixed by section #a of this title that are otherwise valid under ,state law duly enacted prior to such day shall be counted1 and voters who cast such ballots shall not be required to take further action to take into account the extension of time for the election under this section4 7,c7 ,impossibility of implementation ,if the court finds that the criteria of subsection 7a7 are met1 but that it is impossible for the ,state to administer an extended voting period as a result of the catastrophic event1 the court shall issue a declaratory judgment to that effect and1 to the extent practicable1 all ballots cast on or prior to the day fixed by section #a of this title that are otherwise valid under ,state law duly enacted prior to such day shall be counted4 7#e7 ,right to intervene ,only a candidate for ,president who appears on the ballot of the ,state may intervene in an action filed with respect to the ,state under this subsection4 7#f7 ,sanctions ,if1 on the court's own initiative or the motion of a party1 the court finds that the candidate filing an action under this subsection did not have a good-faith basis for the factual or legal contentions asserted in the action1 the candidate's attorneys of record and their law firms shall be jointly and severally liable for an amount equal to #c times the full attorney's fees and other expenses incurred by each other party to the action4 7#g7 ,deadline 7,a7 ,in general ,an action under this subsection must be filed not later than the day after the day fixed for the election by section #a of this title4 7,b7 ,exception ,if the catastrophic event prevents the appropriate court from accepting the filing of an action under this subsection1 the action must be filed in another district court of the ,united ,states capable of accepting the filing most proximate to the judicial district in which the capital of the ,state is located4 7#h7 ,chief ,state election official defined ,in this subsection1 the term chief ,state election official has the meaning given such term in section #bec7;e7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajjc7;e774 7c7 ,catastrophic event defined 7#a7 ,definition ,in this section1 the term catastrophic event means a major natural disaster1 an act of terrorism1 or a widespread power outage1 so long as such event is on a scale sufficient to prevent a substantial portion of a ,state's electorate from casting a ballot on the day fixed by section #a of this title1 or such event causes a substantial number of ballots already cast in a ,state to be destroyed or rendered unreadable4 7#b7 ,other definitions ,in paragraph 7#a7-- 7,a7 the term act of terrorism means an activity that involves acts dangerous to human life that are a violation of the criminal laws of the ,united ,states or of any ,state1 and that appear to be intended-- 7i7 to intimidate or coerce a civilian population2 7ii7 to influence the policy of a government by intimidation or coercion2 or 7iii7 to affect the conduct of a government by mass destruction1 assassination1 or kidnapping2 and 7,b7 the term major natural disaster means any natural catastrophe 7including any hurricane1 tornado1 historically significant widespread snowstorm1 historically significant widespread flooding1 historically significant destructive fire1 tidal wave1 tsunami1 earthquake1 or volcanic eruption that causes great damage or loss of life74 7d7 ,rules of construction ,nothing in this section may be construed-- 7#a7 to limit the application of any ,state or ,federal protection of the right to vote in an election during the period during which the time for voting is extended under this section2 7#b7 to preclude a court in an action filed under subsection 7b7 from ordering sanctions otherwise authorized by law2 or 7#c7 to affect the manner in which1 or circumstances under which1 other elections under other provisions of law may be postponed or extended4 4 7b7 ,conforming amendment relating to the ,mayor of the ,district of ,columbia ,section #ba of such title is amended by adding at the end the following3 7c7 ,governor includes the ,mayor of the ,district of ,columbia4 4 7c7 ,clerical amendment ,the table of sections of chapter #a of such title is amended by amending the item relating to section #b to read as follows3 #b4 ,limited extension of time for appointing electors4 4 #e4 ,timing of enactment of laws providing for vacancies in ,electoral ,college ,section #d of title #c1 ,united ,states ,code1 is amended-- 7#a7 by striking by law and inserting by laws duly enacted prior to the day fixed by section #a of this title for the appointment of electors2 and 7#b7 by adding at the end the following new sentence3 ,vacancies occurring after the day fixed by section #a of this title for the appointment of electors shall be filled only by alternative electors appointed under ,state law pursuant to this section44 #f4 ,repeal of safe harbor rules for determination of controversy regarding appointment of electors 7a7 ,repeal ,title #c1 ,united ,states ,code1 is amended by striking section #e4 7b7 ,clerical amendment ,the table of sections of such title is amended by striking the item relating to section #e4 #g4 ,certificates of appointment of electors 7a7 ,in general ,section #f of title #c1 ,united ,states ,code1 is amended to read as follows3 #f4 ,credentials of electors2 transmission to ,archivist of the ,united ,states and to ,congress2 enforcement2 public inspection 7a7 ,duties of ,governor with respect to certification of electors 7#a7 ,obligation to certify ,not later than ,december #ad1 the ,governor of each ,state shall certify the appointment of the electors for the ,state in compliance with section #a or1 if applicable1 section #b of this title4 7#b7 ,transmission to ,archivist of the ,united ,states ,the ,governor of a ,state shall1 immediately after certifying the appointment of electors for the ,state under paragraph 7#a7-- 7,a7 transmit under the seal of such ,state the certificate of the appointment of electors under paragraph 7#a7 to the ,archivist of the ,united ,states by the most expeditious method available and by secure electronic transmission2 and 7,b7 make such certificate publicly available on the date of such transmission to the ,archivist4 7#c7 ,transmission of duplicate-originals to electors ,the ,governor of a ,state shall deliver to the electors of such ,state #f duplicate-originals of the certificate described in paragraph 7#b7 under the seal of the ,state not later than the date specified in section #g of this title4 7b7 ,preservation and transmission of certificate ,the ,archivist of the ,united ,states shall-- 7#a7 preserve any certificate received under subsection 7a7 for #a year as part of the public records of the office of the ,archivist open to public inspection2 and 7#b7 immediately transmit to the two ,houses of ,congress copies in full of each such certificate received by the most expeditious method available and by secure electronic transmission4 7c7 ,enforcement 7#a7 ,actions against ,governor 7,a7 ,actions authorized ,any candidate for ,president or ,vice ,president who appears on the ballot in a ,state who is aggrieved by a violation of subsection 7a7 with respect to such ,state1 including by failing to certify the appointment of electors or because the certification does not accurately reflect the final election results of the ,state as modified by any recount or judicial or administrative proceeding conducted pursuant to ,state or ,federal laws duly enacted prior to the day fixed by section #a of this title1 may file an action against the ,governor for such declaratory1 injunctive1 or other appropriate relief in the district court of the ,united ,states for the judicial district in which the capital of the ,state is located to ensure the issuance and transmission of the certificate of appointment in compliance with the requirements of subsection 7a71 the ,constitution of the ,united ,states1 and any other ,federal law4 7,b7 ,relief ,such district court shall have original and exclusive jurisdiction of any such action and shall issue any appropriate relief1 including1 in appropriate cases1 injunctive relief ordering the ,governor of the ,state to issue1 transmit1 or revise the certificate of appointment of electors under subsection 7a77#a71 or other appropriate relief sufficient to ensure the transmission of the lawful certificate of appointment4 ,if the ,governor refuses to issue1 transmit1 or revise such certificate in compliance with the district court's order1 the court shall direct another official of the ,state to issue1 transmit1 or revise the certificate of appointment of electors under such subsection4 7#b7 ,actions against ,archivist ,any candidate for ,president or ,vice ,president who appears on the ballot in a ,state who is aggrieved by a violation of subsection 7b7 with respect to the failure of the ,archivist to transmit a certificate of appointment may file an action for such declaratory1 injunctive1 or other appropriate relief in the ,united ,states ,district ,court for the ,district of ,columbia1 and such district court shall have original and exclusive jurisdiction of any such action1 and shall issue any relief necessary to ensure the transmission of the certificate of appointment in compliance with the requirements of subsection 7b74 7#c7 ,determination by three-judge court 7,a7 ,in general ,any action described in this subsection shall be heard and determined by a court of #c judges convened pursuant to section #bbhd of title #bh1 ,united ,states ,code1 except that subsection 7b77#b7 of such section shall not apply to any such action1 and any determination with respect to such an action shall be reviewable only by appeal directly to the ,supreme ,court of the ,united ,states4 7,b7 ,expedited consideration ,the court described in subparagraph 7,a7 shall issue any relief under this subsection as promptly as possible but in no case later than ,december #ai such that a final order of the court on remand of the ,supreme ,court of the ,united ,states may occur not later than ,december #bb4 7d7 ,conclusive effect of certificates 7#a7 ,in general ,in the joint session of ,congress to count electoral votes pursuant to section #ae of this title1 the certificate of appointment transmitted by the ,governor of a ,state under subsection 7a77#b71 subject to any modification pursuant to a court order under subsection 7c77#a71 shall be accepted as conclusive with respect to the appointment of electors for such ,state1 except that1 in the case no such certificate is transmitted by the ,governor of a ,state1 or the certificate transmitted by the ,governor does not comply with revisions ordered by the court pursuant to subsection 7c77#a71 the certificate of appointment for the ,state transmitted by another official of the ,state pursuant to a court order under subsection 7c77#a7 shall be accepted as conclusive with respect to the appointment of electors for such ,state4 7#b7 ,special rule with respect to final determination of judicial proceeding ,in the case that a certificate of appointment is subject to a final determination by a ,federal and a ,state judicial proceeding1 the certificate as modified by the final determination of the ,federal judicial proceeding shall be accepted as conclusive with respect to the appointment of electors for such ,state to the extent that there is any inconsistency between such determinations4 7e7 ,rule of construction ,nothing in this section may be construed to preempt any action conducted pursuant to ,state law duly enacted prior to the day fixed by section #a of this title or affect the right of any person to bring an action under any other ,federal law4 4 7b7 ,clerical amendment ,the table of sections of chapter #a of such title is amended by amending the item relating to section #f to read as follows3 #f4 ,credentials of electors2 transmission to ,archivist of the ,united ,states and to ,congress2 enforcement2 public inspection4 4 #h4 ,date of meeting and vote of electors ,section #g of title #c1 ,united ,states ,code1 is amended-- 7#a7 by striking the first ,monday after the second ,wednesday in ,december and inserting the twenty third of ,december2 and 7#b7 by inserting 1 except that if the twenty third of ,december falls on a ,saturday or ,sunday1 the electors shall meet and give their votes1 in the case of a ,saturday1 on the preceding day1 and1 in the case of a ,sunday1 on the following day after ,state shall direct4 #i4 ,disposition of certificates and lists 7a7 ,electronic transmission of certificates of electors ,section #aa of title #c1 ,united ,states ,code1 is amended-- 7#a7 in the undesignated paragraph beginning with ,first41 by striking registered mail and all that follows and inserting the most expeditious method available to the ,president of the ,senate at the seat of government and shall1 on the same day1 transmit a facsimile of the same in a secure1 electronic manner42 and 7#b7 in the undesignated paragraph beginning with ,third4-- 7,a7 by striking registered mail and inserting the most expeditious method available2 and 7,b7 by adding at the end the following3 ,they shall1 on the same day1 transmit facsimiles of the same to the ,archivist of the ,united ,states in a secure1 electronic manner44 7b7 ,failure of certificates ,to be delivered 7#a7 ,demand on ,state ,section #ab of such title is amended-- 7,a7 by striking the fourth ,wednesday in ,december and inserting ,december #cj2 and 7,b7 by striking registered mail and all that follows and inserting the following3 the most expeditious method available to the ,president of the ,senate at the seat of government and to immediately transmit a facsimile of the same in a secure1 electronic manner44 7#b7 ,demand on judge ,section #ac of such title is amended-- 7,a7 by striking votes each place it appears and inserting votes and list2 7,b7 by striking the fourth ,wednesday in ,december and inserting ,december #cj2 and 7,c7 by striking list by the hand and all that follows and inserting the following3 certificate and list by the hand of such messenger to the seat of government and shall immediately transmit a facsimile of the same in a secure1 electronic manner44 7c7 ,increase in penalty for neglect of duty ,section #ad of such title is amended-- 7#a7 by striking electors and inserting electors and list2 and 7#b7 by striking #a1jjj and inserting #be1jjj4 #aj4 ,counting electoral votes in ,congress 7a7 ,procedures at joint session ,section #ae of title #c1 ,united ,states ,code1 is amended to read as follows3 #ae4 ,counting electoral votes in ,congress 7a7 ,procedures at joint session 7#a7 ,in general ,congress shall be in session on the sixth day of ,january succeeding every meeting of the electors4 ,the ,senate and ,house of ,representatives shall meet in the ,hall of the ,house of ,representatives at the hour of #a o'clock in the afternoon on that day1 and the ,president of the ,senate 7or1 in the absence of the ,president1 the ,president pro tempore7 shall be their presiding officer4 ,such joint session of the ,senate and ,house of ,representatives shall not be dissolved until the count of electoral votes shall be completed and the result of such count declared4 7#b7 ,authority of presiding officer at joint session 7,a7 ,power to preserve order ,the presiding officer shall have power to preserve order1 and no debate shall be allowed and no question shall be put by the presiding officer except as provided by this section4 7,b7 ,no discretionary power ,the role of the presiding officer is ministerial4 ,except with respect to the procedures described in this section1 the presiding officer shall not have any power to determine or otherwise resolve disputes concerning the proper list of electors for a ,state1 the validity of electors for a ,state1 or the votes of electors of a ,state4 ,except as provided for in this section1 the presiding officer shall not order any delay in counting or preside over any period of delay in counting electoral votes4 7#c7 ,reading of certificates 7,a7 ,in general ,the presiding officer shall1 in the alphabetical order of the ,states1 beginning with the letter ,a1 open the sealed certificate in which is contained the signed certificates of votes and the annexed list of electors appointed for each ,state1 and shall read aloud the names of the list of electors appointed for each ,state according to the certificate received4 ,the presiding officer shall present the certificate of electoral votes cast by the ,state's appointed electors to the tellers for the purpose of reading such certificates pursuant to subparagraph 7,b74 7,b7 ,reading of certificates by tellers ,two tellers shall be previously appointed on the part of the ,senate and two on the part of the ,house of ,representatives4 ,upon the reading by the tellers of any such certificate of electoral votes1 the presiding officer shall call for objections to such certificate pursuant to the rules described in subsection 7c71 if any4 7,c7 ,result of electoral vote count ,after having read the certificates of each ,state in the presence and hearing of the two ,houses1 the tellers shall make a list of the votes as they shall appear from the certificates1 and the votes having been ascertained and counted according to the requirements of this section1 the result shall be delivered to the presiding officer1 who shall thereupon announce the state of the vote4 ,such announcement shall be deemed a sufficient declaration of the persons1 if any1 elected ,president and ,vice ,president of the ,united ,states1 and shall1 together with a list of the votes1 be entered on the ,journals of the two ,houses4 7#d7 ,motions in order at joint session ,no motion shall be received in the joint session except-- 7,a7 a motion pursuant to subsection 7b7 of this section in relation to the appointment of electors from a ,state2 or 7,b7 a motion to recess4 7#e7 ,requirements for actions in order at joint session 7,a7 ,in general ,an objection1 appeal1 or motion shall not be received by the presiding officer unless such action-- 7i7 is submitted in writing and states clearly and concisely1 and without argument1 the ground for such action2 7ii7 is signed by at least one third of each ,house of ,congress2 and 7iii7 in the case of a motion to recess1 states a time certain1 in accordance with paragraph 7#f71 at which the joint session will resume proceedings4 7,b7 ,restriction on motion to recess ,a ,senator or ,representative may sign only one motion to recess received by the presiding officer during joint session proceedings with respect to a single ,state4 7,c7 ,appeals 7i7 ,in general ,if an appeal is submitted in accordance with subparagraph 7,a77i71 the ,clerk of the ,house of ,representatives shall maintain the written appeal at the desk and the presiding officer shall provide ,senators and ,representatives with a sufficient opportunity to sign it before proceeding which shall not exceed #ae minutes4 7ii7 ,prohibition against withdrawal of appeal ,an appeal submitted in accordance with subparagraph 7,a77i7 may not be withdrawn following submission1 and only one such appeal may be submitted with respect to a ruling of the presiding officer4 7iii7 ,form ,the presiding officer shall put the question on any appeal as follows3 ,shall the decision of the presiding officer be overturned84 7,d7 ,threshold to adopt ,a majority vote of both ,houses shall be required for the adoption of any question received during the joint session1 except that a majority vote of either ,house shall be required for the adoption of a motion to recess4 7#f7 ,recess ,a motion to recess must state the time certain for the resumption of proceedings in the joint session1 the ,senate1 or the ,house1 and may not state a time beyond the next calendar day at the hour of #aj o'clock in the forenoon4 ,if the proceedings of the joint session have not been completed in three calendar days1 no further recess may be taken4 7#g7 ,debate 7,a7 ,debate of certain actions 7i7 ,in general ,except as provided in clause 7ii71 any question received by the presiding officer pursuant to paragraph 7#e7 shall be reported in the joint session1 and such question shall be submitted to each ,house1 which shall each withdraw for a period of debate described in subparagraph 7,b74 7ii7 ,exception for motion to recess ,a motion to recess shall not be subject to debate4 7,b7 ,length of debate ,the time for debate of any question shall be limited to-- 7i7 in the case of any motion that is made under subsection 7b71 two hours equally divided and controlled by the majority leader and minority leader of each ,house or their respective designees2 7ii7 in the case of any objection that is made under subsection 7c71 two hours equally divided and controlled by the majority leader and minority leader of each ,house or their respective designees2 and 7iii7 in the case of any appeal of a decision of the presiding officer1 #cj minutes equally divided and controlled by the majority leader and minority leader of each ,house or their respective designees4 7,c7 ,single debate for multiple motions in relation to appointment of electors ,if more than one motion in relation to the appointment of electors from a ,state is made under subsection 7b7 that satisfies the requirements of paragraph 7#e71 such motions shall be debatable for a single period of two hours as provided in subparagraph 7,b77i74 7,d7 ,single debate for multiple objections ,if more than one objection with respect to any vote from a ,state is made under subsection 7c7 that satisfies the requirements of paragraph 7#e71 such objections shall be debatable for a single period of two hours as provided in subparagraph 7,b77ii74 7,e7 ,special rule regarding length of debate ,if the proceedings of the joint session have not been completed in five calendar days1 the presiding officer may reduce the length of debate for any question to not less than #cj minutes equally divided and controlled by the majority leader and minority leader of each ,house or their respective designees4 7b7 ,rules for identifying the duly appointed electors of a ,state 7#a7 ,in general ,the presiding officer shall announce the electors whose appointments are reflected in a certificate that is received under section #f of this title4 ,pursuant to section #f of this title1 such electors shall be the conclusive appointed electors for the ,state1 and in no case shall the presiding officer or the joint session consider any other person to be an appointed elector for a ,state4 7#b7 ,motions in relation to the appointment of electors ,after the declaration of the presiding officer under paragraph 7#a7 with respect to a ,state1 the following motions may be submitted3 7,a7 ,a motion to reject the declaration of the appointment of electors for the ,state by the presiding officer under paragraph 7#a7 on the grounds that the certificate of appointment presented by the presiding officer is not conclusive under section #f of this title and to receive a certificate of appointment from the ,state that is conclusive under section #f of this title4 7,b7 ,in the absence of any presentation of a certificate from a ,state by the presiding officer1 a motion to receive a certificate of appointment from the ,state that is conclusive under section #f of this title4 7#c7 ,voting by the ,houses 7,a7 ,in general ,when all motions offered pursuant to paragraph 7#b7 with respect to a ,state have been received and read in the joint session1 the ,senate shall thereupon withdraw1 and such motions shall be submitted to the ,senate for its decision1 and the ,speaker of the ,house of ,representatives shall submit such motions to the ,house of ,representatives for its decision4 7,b7 ,announcement of decision ,when the two ,houses have voted1 they shall immediately resume proceedings in the joint session1 and the presiding officer shall announce the decision on any such motions4 7#d7 ,announcement of appointment of electors ,if a motion under paragraph 7#b7 is adopted1 the presiding officer shall declare the list of electors that was received under such motion to be the appointed electors for the ,state4 7c7 ,objections to certificate of electoral votes 7#a7 ,in general ,once the joint session has identified the duly appointed electors of a ,state pursuant to the procedures described in subsection 7a7 and the rules described in subsection 7b71 the presiding officer shall call for objections1 if any1 to one or more electoral votes cast by the electors of the ,state on the grounds specified in paragraph 7#b74 ,no votes from a ,state shall be acted upon until any objections made to the votes from a ,state under this subsection have been decided4 7#b7 ,grounds for objections ,to raise an objection under this subsection1 a ,member must submit such objection pursuant to the requirements of subsection 7a77#e7 and specify in writing the number of electoral votes objected to and one of the following grounds for the objection3 7,a7 ,the ,state in question was not validly a ,state at the time its electors cast their electoral votes and is thus not entitled to such votes1 except that such objection may not be raised with respect to the ,district of ,columbia4 7,b7 ,the ,state in question submitted more votes than it is constitutionally entitled to1 and thus a corresponding number of its purported votes should be rejected4 7,c7 ,one or more of the ,state's electors are constitutionally ineligible for the office of elector under article ,,ii1 section ,i1 clause #b or section #c of the ,fourteenth ,amendment of the ,constitution of the ,united ,states1 except if a ,state has replaced the ineligible elector with an eligible elector pursuant to the authority described in section #d of this title prior to the casting of electoral votes by its electors1 then it shall not be in order to cite the initial appointment of the ineligible elector as grounds for raising an objection under this subparagraph4 7,d7 ,one or more of the ,state's electoral votes were cast for a candidate who is ineligible for the office of ,president or ,vice ,president pursuant to-- 7i7 article ,i1 section #c1 clause #g of the ,constitution of the ,united ,states2 7ii7 article ,,ii1 section #a1 clause #e of the ,constitution of the ,united ,states2 7iii7 section #c of the ,fourteenth ,amendment to the ,constitution of the ,united ,states2 or 7iv7 section #a of the ,twenty-second ,amendment to the ,constitution of the ,united ,states4 7,e7 ,one or more of the ,state's electoral votes were cast in violation of the requirements enumerated by article ,,ii1 section #a1 clause #d of the ,constitution of the ,united ,states by failing to vote on the date specified in section #g of this title1 or one or more of the ,state's electoral votes were cast in violation of the ,twelfth ,amendment to the ,constitution of the ,united ,states by failing to be cast-- 7i7 by ballot2 or 7ii7 distinctly for the offices of ,president and ,vice ,president1 one of whom is not an inhabitant of the elector's ,state4 7#c7 ,voting by the ,houses 7,a7 ,in general ,when all objections offered pursuant to paragraph 7#a7 with respect to a ,state have been received and read in the joint session1 the ,senate shall thereupon withdraw1 and such objections shall be submitted to the ,senate for its decision1 and the ,speaker of the ,house of ,representatives shall submit such objections to the ,house of ,representatives for its decision4 7,b7 ,announcement of decision ,when the two ,houses have voted1 they shall immediately resume proceedings in the joint session1 and the presiding officer shall announce the decision on any such objections4 7d7 ,effect of rejection of electoral votes 7#a7 ,effect of rejection of electoral votes ,if a ,state's electoral votes are rejected under subsection 7c77#b7-- 7,a7 in the case a ,state's electoral votes are rejected pursuant to an objection under subparagraph 7,a71 7,b71 or 7,c7 of such subsection1 the whole number of electors appointed for purposes of the ,twelfth ,amendment of the ,constitution of the ,united ,states shall be reduced by the number of rejected electoral appointments2 and 7,b7 in the case a ,state's electoral votes are rejected pursuant to an objection under subparagraph 7,d7 or 7,e7 of such subsection1 the whole number of electors appointed for purposes of the ,twelfth ,amendment of the ,constitution of the ,united ,states shall be unaffected4 7#b7 ,constitutional ineligibility ,for the purposes of section #c of the ,twentieth ,amendment of the ,constitution of the ,united ,states1 in the case an objection is sustained under subsection 7c77#b77;,d7-- 7,a7 the electoral votes cast for such candidate shall be counted for the purposes of determining whether the candidate has been elected under such amendment2 7,b7 such candidate shall be deemed to have failed to qualify under such amendment2 and 7,c7 subparagraphs 7,a7 and 7,b7 shall apply with respect to any electoral votes cast for such candidate from any other ,state that are otherwise valid under this section1 except that nothing in this paragraph shall be construed to prohibit a ,member from objecting to any such electoral votes on other grounds described in subsection 7c77#b74 4 7b7 ,conforming amendment ,title #c1 ,united ,states ,code1 is amended by striking sections #af through #ah4 7c7 ,clerical amendment ,the table of sections of such title is amended by striking the items relating to sections #af through #ah4 #aa4 ,protection of tabulation and certification 7a7 ,prohibition ,with respect to an election for the office of ,president1 ,vice ,president1 or presidential elector1 no person acting under color of law shall willfully fail or refuse to-- 7#a7 tabulate1 count1 or report any vote that is timely cast and is otherwise valid under applicable ,state and ,federal law2 or 7#b7 certify the aggregate tabulations of such votes or certify the election of the candidates receiving sufficient such votes to be elected to office4 7b7 ,enforcement 7#a7 ,authorizing filing of action by candidate ,any candidate for ,president1 ,vice ,president1 or presidential elector who appears on the ballot in a ,state who is aggrieved by a violation of subsection 7a7 may file an action for such declaratory and injunctive relief as may be appropriate in the district court of the ,united ,states for the judicial district in which the capital of the ,state is located4 7#b7 ,determination by three-judge court 7,a7 ,in general ,an action described under this subsection shall be heard and determined by a court of #c judges convened pursuant to section #bbhd of title #bh1 ,united ,states ,code1 except that subsection 7b77#b7 of such section shall not apply to any such action1 and any determination with respect to such an action shall be reviewable only by appeal directly to the ,supreme ,court of the ,united ,states4 7,b7 ,expedited consideration ,it shall be the duty of the district court described in this subsection and the ,supreme ,court of the ,united ,states to advance on the docket and to expedite to the greatest extent possible the disposition of any action or appeal under this subsection4 7c7 ,rule of construction ,nothing in this section may be construed to preempt any action conducted pursuant to ,state law duly enacted prior to the day fixed by section #a of title #c1 ,united ,states ,code1 or affect the right of any person to bring an action under any other ,federal law4 #ab4 ,severability ,if any provision of this ,act or an amendment made by this ,act1 or the application of any provision of this ,act or an amendment made by this ,act to any person or circumstance1 is held to be unconstitutional1 the remainder of this ,act1 and the application of such provision or amendment to any other person or circumstance1 shall not be affected by the holding4 ,passed the ,house of ,representatives ,september #ba1 #bjbb4;,cheryl ,l4 ,johnson1,clerk4,kevin ,f4 ,mc,cumber1,deputy ,clerk