This article by Derek Muller is publhsed by Electionlawblog. Here is an excerpt:
One question that’s arisen in Electoral Count Act reform concerns the role of the governor certifying the state’s election results. I posted earlier about state mandamus and what the King discussion draft offers on the topic. But it prompted me to look to another existing regulation of federal elections (admittedly, in legislative elections under the Elections Clause, not presidential elections).
In 1866, Congress enacted a statute regulating Senate elections. As a provision of it, Congress required, “That it shall be the duty of the governor of the State from which any senator shall have been chosen as aforesaid to certify his election, under the seal of the State, to file President of the senate of the United States, which certificate shall be countersigned by the secretary of state of the State.”
That’s been amended slightly but is now codified at 2 U.S.C. § 1a: “It shall be the duty of the executive of the State from which any Senator has been chosen to certify his election, under the seal of the State, to the President of the Senate of the United States.”
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