The American Bar Association House of Delegates adopted new election law policy at its Feb. 14 session that would allow the association to oppose federal, state and local efforts that restrict or are intended to limit voting rights of Americans.
In a second resolution, the House, which is known as the HOD, approved new policy supporting the push by a bipartisan group of legislators in Congress to clarify and modernize the language and structure of the Electoral Count Act of 1887 (ECA). The act, which grew out of the disputed 1876 election and came under renewed scrutiny in the aftermath of the 2020 presidential election, is considered convoluted by members of both parties and in need of a rewrite.
The election-related policies, both filed as late resolutions, were among about two dozen measures approved by the HOD on the final day of the ABA 2022 Virtual Midyear Meeting, which began Feb. 9. This year marked the second consecutive winter meeting that was held virtually because of COVID-19 concerns.
Resolution 800 lists seven areas of concern, which would allow the ABA Governmental Affairs Office and the association’s president to speak out on some of the proposed election law changes. It would also permit the association to file amicus briefs in court. Some of the actions cited in the new policy include when state entities decertify election results without cause, remove independent election officials and conduct “unwarranted voter purges.”
Resolution 801 supports several of the principles incorporated in the emerging legislation that has received bipartisan support on Capitol Hill. They include clarifying the vice president’s role in certifying a presidential election, increasing the number of lawmakers who could object to a state’s electors and reworking 135-year-old law in other ways.
Both election-related resolutions drew opposition, in part because they were cleared by the Committee of Rules and Calendar and distributed less than 24 hours before the meeting. But both survived attempts to postpone consideration by wide margins.
Other new policies adopted by HOD were aimed at helping everyday people, such as veterans, those facing evictions, children involved in child welfare cases and seniors in nursing homes. Resolution 603, for instance, urged the federal government to review processes and procedures used when determining veterans’ discharge upgrade petitions to ensure they are treated fairly. Resolution 612 proposed adoption of the ABA Ten Guidelines for Residential Eviction Laws. Resolution 601 urged federal entities to enhance the transparency and accountability of nursing home ownership and management. And Resolution 613 asked that children involved in dependency or child welfare cases are actively engaged unless they waive their right to be present.
