Tuesday, September 20, 2022

Seeing double: dueling electoral count overhauls

Presented by Air Line Pilots Association, Int'l: A play-by-play preview of the day's congressional news
Sep 20, 2022 View in browser
 
POLITICO Huddle

By Katherine Tully-McManus

Presented by

Air Line Pilots Association, Int'l

WASHINGTON, DC - JUNE 13: (L-R) U.S. Rep. Liz Cheney, Vice Chairwoman of the Select Committee to Investigate the January 6th Attack on the U.S. Capitol, and Rep. Zoe Lofgren (D-CA) talk during a hearing on the January 6th investigation in the Cannon House Office Building on June 13, 2022 in Washington, DC. The bipartisan committee, which has been gathering evidence for almost a year related to the January 6 attack at the U.S. Capitol, will present its findings in a series of televised hearings.   On January 6, 2021, supporters of former President Donald Trump attacked the U.S. Capitol Building during an attempt to disrupt a congressional vote to confirm the electoral college win for President Joe Biden. (Photo by Alex Wong/Getty Images)

Rep. Liz Cheney (R-Wyo.) and Rep. Zoe Lofgren (D-Calif.) talk during a Jan. 6 Select Committee hearing. | Getty Images

ELECTORAL COUNT, TIMES TWO — The House is speeding toward a vote as soon as Wednesday on a revamp of the obscure Electoral Count Act, the 1887 statute that Donald Trump and his allies tried to use to subvert the 2020 election.

The House version, led by Reps. Liz Cheney (R-Wyo.) and Zoe Lofgren (D-Calif.), members of the Jan. 6 select committee, goes further than the proposal that a bipartisan group of Senators have been meeting about for months. The differences between the bills could mean the two chambers have to wrangle for the upper hand. The devil is in the details, as the bills are broadly similar but some of the differences could prove sticky.

The Senate version boasts bipartisan support and the magic number of 10 GOP co-sponsors to help it sail past a filibuster.

The House bill has specifics. Lots of specifics. It explicitly defines the "catastrophic" events that would permit a state to prolong its voting period and dives deep into a particular process for candidates to sue state election officials if they believe a state has abused its authority to alter the election.

Objection threshold: One key divergence is that the Senate bill only requires one-fifth support in both chambers in order to force a vote on an objection to state electors, compared to the House's proposed one-third. Both would be a dramatic increase. Currently, only one member from each chamber is required to object and there are no restrictions on the types of objections that can be brought up.

"The 20 percent that we chose was not plucked out of the air. It is the amount of votes that is necessary for a roll-call vote in the Senate," said Maine Sen. Susan Collins, the lead GOP co-sponsor of the bipartisan Senate bill.

House Rules takes up the House measure today, with sights on a floor vote this week.

Senate Rules will take up its chamber's version next week. Collins told reporters Monday to expect some changes. Senate Rules Chair Amy Klobuchar (D-Minn.) and ranking member Roy Blunt (R-Mo.) have a package of manager's amendments that Collins says will improve the Senate bill "but without weakening it."

What are the chances for a bicameral compromise? "We may be closer than we think," Rep. Pete Aguilar (D-Calif.) said Monday.

Don't miss a full breakdown of the two bills and the prospects towards enacting Electoral Count Act reforms: Congress' latest House-Senate wrangle: Preventing the next Jan. 6, from Nicholas, Marianne, Jordain and Kyle

 

JOIN THURSDAY FOR A GLOBAL INSIDER INTERVIEW : From climate change to public health emergencies and a gloomy global economic outlook, the world continues to deal with overlapping crises. How do we best confront all of these issues? Join POLITICO Live on Thursday, Sept. 22 at 10:30 a.m. EDT for a virtual conversation with Global Insider author Ryan Heath, featuring World Bank President David Malpass, to explore what it will take to restore global stability and avoid a prolonged recession. REGISTER HERE.

 
 

GOOD MORNING! Welcome to Huddle, the play-by-play guide to all things Capitol Hill, on this Tuesday, September 20, where we're hearing the House could give back Thursday and hit the road Wednesday evening.

FOR YOUR RADAR The House has a bipartisan briefing on Ukraine this morning at 8 a.m. before the usual Tuesday morning Democratic Caucus and GOP Conference meetings. The Senate will be briefed this afternoon.

CHENEY'S LONG NEOCON SHADOWAs Rep. Liz Cheney (R-Wyo.) looks towards a potential 2024 White House run, her family's neoconservative foreign policy legacy could be a stumbling block as much as her break from the pro-Trump core of the Republican party.

Andrew writes that Cheney may find herself in a political no-man's-land: "Democrats won't overlook her policy views just because she was a useful foil to Trump, and the vast majority of Republicans despise her for her anti-Trump efforts alone."

LIV WANTS A MULLIGAN We've learned more about LIV Golf's rounds on Capitol Hill this week. LIV Golf CEO Greg Norman will speak with the conservative Republican Study Committee at their weekly lunch on Wednesday. The move by Norman comes as LIV ups its lobbying efforts amid criticism of its backing from Saudi Arabia's Public Investment Fund and while Saudi-U.S. relations are at an all-time low on Capitol Hill.

Asked if he thought Norman would be asked about the ties during Wednesday's meeting, RSC Chairman Rep. Jim Banks (R-Ind.) said that "I imagine that will be something he discusses." More from Jordain and Daniel Lippman on LIV trying to get out of the rough.

A message from Air Line Pilots Association, Int'l:

The pilot shortage isn't real, but the threat to passenger safety is. Some airlines are threatening service reductions unless the FAA agrees to reduced pilot training. They claim there aren't enough pilots so they want to lower the bar on safety. But we have more than enough pilots - 1.5 certified pilots for every one we need on the job. Learn why there's no pilot shortage and no excuse for airlines to cut passenger safety.

 

'NOT A LOT OF SYMPATHY' FOR MANCHIN FROM GOP — The energy permitting deal that Senate Majority Leader Chuck Schumer (D-N.Y.) traded Sen. Joe Manchin (D-W.Va.) in order to secure his vote earlier this summer on the Democrats' climate, health care and tax deal… is teetering on the edge.

It was predictable that progressives would balk, but now Republicans are also lining up against the proposal, sour about the deal struck on a big legislative win for Democrats heading into the midterms. Several Republicans on Monday night said they doubt their caucus will provide votes to break a filibuster to advance Manchin's permitting proposal, which still hasn't been released. They have their own bill on the issue, sponsored by Sen. Shelley Moore Capito (R-W.Va.) and supported by nearly the entire GOP conference.

"Given what Senator Manchin did on the reconciliation bill, [it's] engendered a lot of bad blood," Sen. John Cornyn (R-Texas) said. "There's not a lot of sympathy on our side to provide Sen. Manchin a reward."

Manchin warned his Senate GOP colleagues against tanking his permitting measure, which would speed up energy projects including West Virginia's Mountain Valley natural gas line.

"Something you've always wanted, and you get 80 percent of something, and you're gonna let the perfect be the enemy of the good?" Manchin said. "It's a shame that basically the politics is trumping policy that we've all wanted for the last 10 or 12 years."

Stopgap showdown: Schumer wants to tack the energy proposal onto the stopgap spending bill, which would essentially dare Republicans to shut down the government if they want to tank Manchin's measure. But don't hold your breath. Caitlin, Burgess and Sarah report that negotiators still aren't close to a spending agreement, which makes it less likely that a bill will move this week. More: Revenge? Republicans weigh tanking Manchin's permitting plan

RELATED: Pipeline's backers have financial, campaign ties, from Benjamin J. Hulac at CQ Roll Call; Manchin's Environmental Permitting Plan Splits Hawaii Democrats In Washington, from Nick Grube at Honolulu Civil Beat

NOT THAT FREEDOM CAUCUS Senate Majority Whip Dick Durbin (D-Ill.) and Sen. Chuck Grassley (R-Iowa) host the Speaker of Lithuania's parliament, Viktorija Čmilytė-Nielsen, for a conversation today on ongoing Russian aggression and congressional support of the Baltic States. Grassley and Durbin are co-chairs of the Senate's Baltic Freedom Caucus (not to be confused with the House Freedom Caucus). Durbin's mother was born in Lithuania and came to the U.S. in 1911.

HONORING MEMBERS LOST The U.S. Association of Former Members of Congress is holding its annual memorial service in Statuary Hall tonight, to honor former members who have died in the last year. Three dozen lawmakers who have died will be honored, including Senate Majority Leaders Bob Dole (R-Kan.) and Harry Reid (D-Nev.) and two members who died in office, Reps. Don Young (R-Alaska) and Jackie Walorski (R-Ind.). Speaker Nancy Pelosi (D-Calif.) and House Minority Leader Kevin McCarthy (R-Calif.) will speak, along with Rep. Dan Kildee (D-Mich.), whose father, Dale Kildee, is an honoree. Dean Swihart, a professional saxophone musician and husband of Walorski, will play a tribute performance.

 

DON'T MISS - MILKEN INSTITUTE ASIA SUMMIT : Go inside the 9th annual Milken Institute Asia Summit, taking place from September 28-30, with a special edition of POLITICO's Global Insider newsletter, featuring exclusive coverage and insights from this important gathering. Stay up to speed with daily updates from the summit, which brings together more than 1,200 of the world's most influential leaders from business, government, finance, technology, and academia. Don't miss out, subscribe today.

 
 

EXPECTATIONS GAME FOR THE AGES — "I'm a country boy. I'm not that smart. He's a preacher. [Warnock] is smart and wears these nice suits. So, he is going to show up and embarrass me at the debate Oct. 14th, and I'm just waiting to show up and I will do my best," GOP Senate candidate Herschel Walker said over the weekend , lowering expectations for an upcoming debate with Sen. Raphael Warnock (D-Ga.).

QUICK LINKS 

GOP's election-year standing with independents at risk, from Thomas Beaumont at The Associated Press

America's fastest-growing, frequently misunderstood voting bloc, from Christian Paz at Vox

Former staffer accused Democrat Mike Franken of assault; police closed case as 'unfounded', from Brianne Pfannenstiel and George Shillcock at the Des Moines Register

Congress Blows Its Shot to Stop Trump's 'Deep State' Revenge, from Sam Brodey at The Daily Beast

TRANSITIONS 

Sam Paisley is now deputy comms director for Sen. Maggie Hassan's (D-N.H.) reelect. She previously was press secretary for Sen. Jeanne Shaheen (D-N.H.).

 

A message from Air Line Pilots Association, Int'l:

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TODAY IN CONGRESS

The House convenes at 10 a.m. for morning hour debate and noon for legislative business.

The Senate convenes at 10 a.m. for consideration of the nomination of Florence Pan to be United States Circuit Judge for the D.C. Circuit, with a vote on the nomination at 11:30 a.m.

The Senate will recess after votes until 2:15 p.m. for caucus lunches. At 2:15 p.m., the Senate will vote on the motion to invoke cloture on the resolution of ratification with respect to the "Kigali Amendment" to the Montreal Protocol.

AROUND THE HILL

10 a.m. The House Oversight Committee marks up at least five bills, including one that would provide for expanded home rule for the residents of the District of Columbia. (2154 Rayburn)

10:15 a.m. House Democratic Caucus Chair Hakeem Jeffries (D-N.Y.), Aguilar and Assistant Speaker Katherine Clark (D-Mass.) hold a press conference after the Democratic Caucus meeting. (Studio A)

10:45 a.m. House Minority Whip Steve Scalise (R-La.), House Republican Conference Chair Elise Stefanik (R-N.Y.) and Reps. Tony Gonzalez (R-Ohio) and Mariannette Miller-Meeks (R-Iowa) hold a news conference following the GOP Conference meeting. (Studio A)

2 p.m. House Rules Committee considers the Presidential Election Reform Act. (H-313)

2 p.m. Senate Democrats and Senate Republicans hold their separate post-policy lunch press conferences. (Ohio Clock Corridor)

TRIVIA

MONDAY'S WINNER: Joseph T. Cartwright correctly answered that the House made an exception to 150 years of banning hats on the House floor to allow for Elizabeth II to wear a peach-colored hat. Hats of any kind have been banned from the House floor since 1837. The rule against headwear was eliminated in 2019 to allow Rep. Ilhan Omar (D-Minn.) to wear her religious headscarf.

TODAY'S QUESTION: Who installed a putting green on the White House lawn?

The first person to correctly guess gets a mention in the next edition of Huddle. Send your answers to ktm@politico.com.

GET HUDDLE emailed to your phone each morning.

Follow Katherine on Twitter @ktullymcmanus

A message from Air Line Pilots Association, Int'l:

Airline efforts to reduce pilot training undermine Congress' intent to improve passenger safety. Regional airlines are threatening to cut service to smaller cities unless they can reduce the number of hours pilots spend training and gaining experience. But pilot training and experience is essential to passenger safety. Air travel fatalities have dropped 99.8% since Congress established these standards in 2010. Carriers like Republic Airways and SkyWest Airlines that say higher safety standards are just too costly and slow the pipeline of potential pilots have their priorities wrong. We can't compromise passenger safety to increase airline profits. Get the facts about pilot supply and learn why passenger safety is at risk.

 
 

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