North Carolina’s delegation divided on bill tackling VP’s role in election

Danielle Battaglia
Samuel Corum, TNS/TNS

North Carolina’s delegation remained split during a vote Wednesday on a bill with the intent to stop another attempt to overturn a presidential election.

“This bill is about protecting the will of the American voters, which is a principle that is beyond partisanship,” said Rep. Zoe Lofgren, who introduced the bill on the House floor. “The bottom line is this — if you want to object to the vote, you better have your colleagues and the Constitution on your side. Don’t try to overturn our democracy.”

Reps. Liz Cheney, a Republican from Wyoming and Lofgren, a Democrat from California, filed the bill that reforms the Electoral Count Act earlier this week.

The Senate has its own version of the bill, supported by North Carolina Sen. Thom Tillis and 15 other lawmakers from both parties.

House Democrats had difficulty garnering similar bipartisan support for the House bill because it included text blaming the events of Jan. 6, 2021, on former President Donald Trump and his attempt at having former Vice President Mike Pence reject Electoral College votes, a plea Pence refused.

“I want to be very clear,” Lofgren said. “In revising the Electoral Count Act and related laws, that in no way condones the actions of the ex-president and his allies.”

Lofgren said Trump attorney John Eastman openly admitted his plan to overturn the 2020 election violated the Electoral Count Act and that Trump knew.

“But this bill will make it harder to convince people that they have the right to overthrow the election,” Lofgren said.

Senate up next

The vote passed 229-203, mostly on party lines, with nine Republicans voting in favor of the bill.

None of the party deserters were from North Carolina. All but one of the nine voted for Trump’s impeachment.

Those Republicans who voted for the bill were Reps. Cheney, Tom Rice, Peter Meijer, Adam Kinzinger, Jaime Herrera Beutler, John Katko, Fred Upton, Anthony Gonzalez and Chris Jacobs.

The bill now moves to the Senate, but it is unclear whether its members will be satisfied with this version of the bill or would rather stick to their own. Tillis’ office didn’t answer an email requesting comment.

Many opponents of the bill criticized Cheney for playing a role in its creation. Cheney is the vice chair of the Jan. 6 subcommittee, and lost her reelection campaign after speaking out against Trump. Kinzinger also serves on that committee.

VP’s role

Both of the bills affirm that the vice president’s role is strictly ceremonial in the counting of the electoral votes and he or she wields no real power.

Both bills require a governor to submit their state’s certified electors to the U.S. archivist.

Currently, a single member of both the House and Senate can object to the certification of a state’s votes. The House’s version raises the requirement to one-third from both the House and the Senate. The Senate’s requires one-fifth from both chambers.

Both versions also address what would happen if a catastrophic event happens simultaneously with a presidential election. The House’s bill takes that question a step further by defining what counts as a catastrophic event: a major natural disaster, a terrorist attack or a widespread power outage.

Lofgren said the bill came together after two years of work with bipartisan law professors, former judges and other experts. She said she and Cheney weren’t always in agreement on the bill but compromised when needed.

How North Carolina lawmakers voted

  • Alma Adams: Yes

  • Dan Bishop: No

  • Ted Budd: No

  • G.K. Butterfield: Yes

  • Madison Cawthorn: No

  • Virginia Foxx: No

  • Richard Hudson: No

  • Kathy Manning: Yes

  • Patrick McHenry: No

  • Greg Murphy: No

  • David Price: Yes

  • Deborah Ross: Yes

  • David Rouzer: No

For more North Carolina government and politics news, listen to the Under the Dome politics podcast from The News & Observer and the NC Insider. You can find it at https://campsite.bio/underthedome or wherever you get your podcasts.

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