Trump, hurdles loom for Senate election reform talks

Former President TrumpDonald TrumpUN finds North Korea increased missile capabilities: report DeSantis, state AGs pledge to investigate GoFundMe removing page for Canadian vaccine mandate protest The ruling class and the Supreme Court MORE‘s criticism of efforts to change an arcane election law are adding new urgency — and uncertainty — into bipartisan negotiations in the Senate.

Trump isn’t the only potential hurdle looming on the horizon for hopes of a deal on changing the Electoral Count Act, a 135-year-old law that lays out how the Electoral College results are counted. In addition to the bipartisan talks, a group of Democrats unveiled a “discussion draft” of their own proposal and senators are already mulling potential things they would want to add into any deal.

But Trump’s decision to revive his criticism of former Vice President Mike PenceMichael (Mike) Richard PenceSunday shows preview: US deploys troops, briefs lawmakers amid Russia-Ukraine tensions Trump responds to Pence criticism Jan. 6 panel hesitates in asking Pence to testify MORE over his refusal to unilaterally throw out election results in states Trump lost, while also flirting with a 2024 run, is putting him at odds with the Senate negotiations.

“The statements that President Trump put out on the Electoral Count Act only underscores the need for us to remove any ambiguity that exists in the act, which is poorly drafted and has not been revised since it was passed in 1887,” said GOP Sen. Susan CollinsSusan Margaret CollinsSenators try to speed up lengthy votes as frustration builds FDA nominee meets unexpected hurdles Trump Jan. 6 comments renew momentum behind riot probe MORE (Maine), who was mocked by Trump as “Wacky Susan Collins.”

The bipartisan group, led by Collins and Sen. Joe ManchinJoe ManchinSchumer faces brewing war and progressives ramp up primary threats Sunday shows preview: US deploys troops, briefs lawmakers amid Russia-Ukraine tensions This week’s must-watch moments on Capitol Hill MORE (D-W.Va.), is still in its early stages after setting up five subgroups that would develop pieces of a proposal: Reforming the 1887 Electoral Count Act; protecting election workers; voting practices and rights; the election assistance commission; and presidential transitions.

But their work collided with Trump after he lashed out at Collins, who said during an ABC News interview that it was “very unlikely” she would support Trump in 2024 if he runs. Trump also claimed in multiple statements that the ongoing discussions about changes to the 1887 law aligned with his belief that Pence “could have sent the votes back to various legislators for reassessment after so much fraud and irregularities were found” — an argument rejected by many GOP senators.

Asked about Trump, Sen. Thom TillisThomas (Thom) Roland TillisSenators try to speed up lengthy votes as frustration builds Senate panel advances bill targeting Apple, Google app store power GOP can’t escape Trump-fueled election controversies MORE (R-N.C.), another member of the GOP, suggested they were staying focused on the task at hand, rather than getting pulled into larger potential ramifications.

“I think we’re all focused on January the 6th. We’re looking at a bill that is fundamentally flawed. … I think people are focused on that goal, solely,” he said.

The group is discussing codifying that the vice president’s role in Congress’s formal counting of the Electoral College votes is ceremonial, after Trump led a pressure campaign to try to get Pence to act unilaterally. They are also looking at increasing the number of lawmakers that must sign on to an objection before they can force a vote in both the House and Senate.

Currently it only takes one member of the House and one member of the Senate to back an objection to a state’s results to force a vote in both chambers, where a simple majority must support upholding the challenge.

The group’s efforts go beyond the Electoral Count Act and include discussing making it a federal crime to harass poll workers or election officials and giving states grants to improve their own election systems. And Collins also said that her group is also looking at “what you do if there are duplicates, or competing would be the better word, competing slates of electors.”  

CNN reported last month that Trump campaign officials, led by Rudy GiulianiRudy GiulianiThese people have been subpoenaed by the Jan. 6 panel Jan. 6 defendant asks to subpoena Trump as trial witness Georgia prosecutor investigating Trump says she has increased security amid racist threats MORE, were involved in an effort to put forward fake electors in battleground states that the former president lost during the 2020 election. 

The group’s talks have the blessing of Senate GOP Leader Mitch McConnellAddison (Mitch) Mitchell McConnellTrump responds to Pence criticism GOP Sen. Cassidy questions RNC censure of Kinzinger, Cheney The Hill’s Morning Report – Biden aims at ISIS terrorists, defends NY police MORE (Ky.), who reiterated this week, even amid Trump’s criticism, that he believes the Electoral Count Act needs to be changed.

“The best way to characterize how I feel about the Electoral Count Act is that it is flawed and does need to be fixed,” McConnell told reporters.

But if Trump digs in against the group’s work it could complicate the politics for Republicans, many of whom want to move past Jan. 6 and have been reluctant to cross Trump.

Sen. Josh HawleyJoshua (Josh) David HawleySt. Louis Post-Dispatch slams Hawley: ‘Grossly unfit’ for office Pence criticizes Biden’s pledge to nominate Black woman to Supreme Court US reveals Russia may plan to create fake pretext for Ukraine invasion MORE (Mo.), the first GOP senator to announce that he would challenge the Electoral College results on Jan. 6, 2021, warned that Congress should be “very careful” in making changes.

“What the current statute provides for is debate … I would just say I would proceed with caution,” he told reporters. 

Sen. Mitt RomneyWillard (Mitt) Mitt RomneyMurkowski criticizes RNC calling Jan. 6 attack ‘legitimate political discourse’ McCarthy: Cheney, Kinzinger would have ‘hard time ever coming back to Congress’ Pence criticizes Biden’s pledge to nominate Black woman to Supreme Court MORE’s (R-Utah) pitch to his GOP colleagues for supporting changes to the Electoral Count Act is that it would effectively limit Vice President Harris, a Democrat, who will preside over Congress’s Electoral College count in January 2025.  

“I think the advantage of this moment is that the vice president is a Democrat, so hopefully Republicans recognize that clarifying the role of the vice president is in our interest as well as in the other party’s interest,” he said.

The complicated GOP politics aren’t the only hurdles for eventually getting a deal on changes to the Electoral Count Act.

Sen. Angus KingAngus KingEnergy & Environment — Interior in hot seat after court halts drilling sale Biden to promote anti-gun violence measures in NYC trip New England senators ask Biden admin to study economic impacts of offshore wind plans MORE (I-Maine), Senate Rules Committee Chairwoman Amy KlobucharAmy KlobucharSenate panel advances bill targeting Apple, Google app store power Hillicon Valley — Presented by Cisco — Media industry divided over Big Tech bill Media groups divided over bill targeting Google, Facebook digital ad market power MORE (D-Minn.) and Senate Judiciary Committee Chairman Dick DurbinDick DurbinPhotos of the Week: Joe Biden, Punxsutawney Phil and Sarah Palin Durbin: GOP censure ‘badge of honor’ for Kinzinger Overnight Health Care — Medicare to cover at-home COVID-19 tests MORE (D-Ill.) rolled out their own “discussion draft” proposal they have been working on.

King has indicated that he’s willing to work with members of the bipartisan group and the three senators said in a joint statement that they “stand ready to share the knowledge we have accumulated with our colleagues from both parties and look forward to contributing to a strong, bipartisan effort aimed at resolving this issue.”

Klobuchar and Sen. Roy BluntRoy Dean BluntSt. Louis Post-Dispatch slams Hawley: ‘Grossly unfit’ for office McConnell looks to turn down the temperature on Supreme Court fight Lawmakers face time crunch to clinch funding deal MORE (Mo.), the top Republican on the Rules Committee, also met with members of the bipartisan group. If the Collins-Manchin group can get a deal the bill is expected to also go through the Rules Committee.

But Collins said that the bipartisan talks and the draft proposal from King-Klobuchar-Durbin are still separate efforts, though she credited Blunt and Klobuchar with being collaborative.

“They are separate. We’re looking at many of the same issues and I view it as positive that Sen. Klobuchar and Sen. Blunt came to talk to our group … about a path forward after…