The group convened by the ALI publishes proposals for the reform of the law on the electoral count



The group convened by the ALI publishes proposals for the reform of the law on the electoral count

At the invitation of the leadership of the American Law Institute, a group whose members span a range of legal and political opinions met to consider possible reforms to the Voter Count Act (ECA). Despite various legal, political, and ideological commitments, the group is united by the belief that Congress should reform the ECA before the 2024 presidential election. The group has agreed on several general principles that should guide the reform ECA, as well as specific proposals as to what ECA reform should aim to achieve. Read the group’s full set of principles here and read ALI’s press release here.

The members of the group, selected for their deep and varied experience in law and government, are:

  • Bob Bauer (NYU School of Law and former White House attorney) (co-chair)
  • Elise C. Boddie (Rutgers Law School and former director of litigation for the NAACP Legal Defense and Educational Fund)
  • Mariano-Florentino Cuéllar (President of the Carnegie Endowment for International Peace and former Justice of the Supreme Court of California)
  • Courtney Simmons Elwood (former General Counsel of the Central Intelligence Agency)
  • Jack Goldsmith (Harvard Law School and former Assistant Attorney General, Office of General Counsel) (co-chair)
  • Larry Kramer (Chairman of the William and Flora Hewlett Foundation and former Dean of Stanford Law School)
  • Don McGahn (Boyden Gray Center for the Study of the Administrative State, Antonin Scalia Law School at George Mason University and former White House attorney)
  • Michael B. Mukasey (former United States District Court Judge and former United States Attorney General)
  • Saikrishna Prakash (University of Virginia School of Law)
  • David Strauss (University of Chicago School of Law)

More detailed biographies are attached to the Statement of Principles for ECA Reform.

In an upcoming episode of ALI’s reasonably speaking podcast, ALI President David F. Levi will sit down with the group’s co-chairs, Bob Bauer and Jack Goldsmith, to discuss their work in more detail. ALI Director Richard L. Revesz will also devote his April quarterly newsletter to The ALI journalist to discuss the important work of the group.

“The American Law Institute is proud to have convened this group and facilitated its important work,” said ALI President David F. Levi and ALI Director Richard L. Revesz. , in a joint statement. “Due to the need for rapid action, this project has not followed the typical ALI bicameral process, which requires approval from both our Board and members, and therefore cannot be considered as the official work of the Institute. Our support for this project nevertheless contributes to the rule of law, which is a key priority for ALI. We would like to express our deepest gratitude to this group for their critical and urgent work We would also like to thank ALI Legal Fellow Harry Larson and Professor Goldsmith’s excellent team of research assistants for their invaluable support of this project.

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About the American Law Institute

The American Law Institute is the leading independent organization in the United States producing scholarly work to clarify, modernize, and improve the law. ALI drafts, discusses, revises, and publishes restatements of law, model codes, and principles of law that are hugely influential in courts and legislatures, as well as in legal research and education.

By participating in the work of the Institute, its distinguished members have the opportunity to influence the evolution of the law in existing and emerging fields, to work with other eminent lawyers, judges and scholars, to give back to a profession to which they are deeply devoted and committed to contributing to the public good.


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