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Electoral Votes Regularly Given, Derek T. Muller

Georgia Law Review

Every four years, Congress convenes to count presidential
electoral votes. In recent years, members of Congress have
objected or attempted to object to the counting of electoral votes
on the ground that those votes were not “regularly given.” That
language comes from the Electoral Count Act of 1887. But the
phrase “regularly given” is a term of art, best understood as
“cast pursuant to law.” It refers to controversies that arise after
the appointment of presidential electors, when electors cast
their votes and send them to Congress. Yet members of Congress
have incorrectly used the objection to challenge an assortment …