“There are two issues going on right now in the country. One is voter suppression — these subtle laws that make it harder for people to vote,” Mr. King said. “The other piece is voting administration, where you get into substituting partisan people for nonpartisan administrators, purging voter election boards, allowing election boards to eliminate polling places and also the whole mechanics of counting.”
He added, “There’s a reasonable opportunity here for a bipartisan bill, but my concern is that it will be viewed as a substitute for the Freedom to Vote Act, and that’s just not the case.”
Members of both parties are concerned about the counting and certification of ballots after they have been cast. President Biden was emphatic on the point when he emerged Thursday from a fruitless lunch with Senate Democrats, pleading with them to change the filibuster rules around voting.
“The state legislative bodies continue to change the law not as to who can vote, but who gets to count the vote, count the vote, count the vote,” he said, his voice rising in anger. “It’s about election subversion.”
And some academic experts say protecting election administration and vote counting, at this moment, is actually more critical than battling restrictions on early and absentee voting and ballot drop boxes.
“I’ve been saying this for the last year: The No. 1 priority should be ensuring we have a fair vote count,” said Richard L. Hasen, a law professor at the University of California, Irvine, who has drafted his own prescriptions for safeguarding elections after Election Day. “We are in a new level of crisis. I never expected in the contemporary United States that we would have to have legislation around a fair vote count, but we have to have it now.”
Senator Mitch McConnell of Kentucky, the Republican leader, has opened the door a crack to changing the Electoral Count Act, which Mr. Trump and his legal advisers speciously claimed gave the vice president the power to unilaterally reject the electors from states deemed contested.