We are scholars of election law who span the ideological spectrum but agree on two fundamental principles to help avert potential political upheaval in the aftermath of the 2024 presidential election.

First, to avoid a repeat of Jan. 6, or worse, Congress must rewrite the Electoral Count Act, the outmoded 1887 law that governs the certification of the presidential vote. There is a pressing need for a clear set of rules to govern the certification of the presidential vote.

It's no secret that John Eastman, a Republican lawyer on Donald Trump's team in the aftermath of the former president's defeat, wrote an infamous memo intended to help overturn the results. What's less known is why Eastman thought his scheme would work.

As regular readers know, the GOP attorney was convinced that then-Vice President Mike Pence, rather than honor the results of the election, could exploit ambiguities in the Electoral Count Act of 1887 and set aside the Electoral College votes of seven states.

Recent admissions from an insider about former President Donald Trump’s challenge to last year’s election results should impel lawmakers of both parties to revise the convoluted Electoral Count Act that governed the proceedings.