Stop the Big Lie Act

Note: This is a very rough draft of some possible amendments to the Electoral Count Act under consideration in Congress. See for example: 

The Electoral Count Act of 1887: Proposals for Reform  

https://tinyurl.com/bdd3w68j

Committee on House Administration

Chairperson Zoe Lofgren (D-CA)

At this point amendments being considered or discussed do not include language to address public communications about Presidential election results. I am suggesting that this would be an appropriate addition to the amendments and further discussions.

Perhaps Titled "Stop The Big Lie Act"

Possible amendments to the Electoral Count Act of 1887 which amends

3 U.S. Code § 15 - Counting electoral votes in Congress

ADD:

(**) communications to the public in any form regarding the official Electoral College Results as recorded in the National Archives and Records Administration (NARA); hereafter "NARA Electoral College Results" https://www.archives.gov/electoral-college/2020

(**) Public communication. -The term "public communication" means a communication by means of any broadcast, cable, or satellite communication, newspaper, magazine, outdoor advertising facility, mass mailing, or telephone bank to the general public, or any other form of general public political advertising AND COMMUNICATIONS INCLUDING PUBLIC RALLIES, MEDIA INTERVIEWS, INTERNET OR DIGITAL COMMUNICATIONS

SECTION (.....). NARA RESULTS VIOLATION. -IT SHALL BE ILLEGAL FOR ANY CANDIDATE, PUBLIC OFFICIAL, PUBLIC FIGURE OR OTHER INDIVIDUAL TO COMMUNICATE VIA ANY MEANS, DURING THE ELECTION CYCLE, ANY MALICIOUS MISINFORMATION OR INFORMATION WITH RECKLESS DISREGARD FOR TRUTH REGARDING THE OFFICIAL RECORDED NARA ELECTORAL COLLEGE RESULTS OF ANY FEDERAL ELECTION.

Note: "The Office of the Federal Register (OFR) is a part of the National Archives and Records Administration (NARA) and, on behalf of the Archivist of the United States, coordinates certain functions of the Electoral College between the States and Congress. Acting as an intermediary, it reviews the Certificates of Ascertainment and Vote before Congress accepts them as evidence of official State action in preparation for the counting of electoral votes in Congress [January 6th following the November election]. In addition to posting them on this [its] website, OFR makes the physical Certificates available for public inspection for one year following the election. After that year, the Certificates become part of the National Archives collection." [It is uncertain whether the 1 year public inspection is following the election date or the Jan. 6th date when Congress officially counts the electoral votes] " OFR posts the Certificates of Ascertainment and the Certificates of Vote after receiving them. OFR posts the Electoral College results after Congress counts the electoral votes on January 6." 

[https://www.archives.gov/electoral-college]

Every two years, the Federal Elections Commission (FEC ) publishes Federal Elections, a compilation of official, certified federal election results. These publications include primary, runoff and general election results for the Senate, the House of Representatives and (when applicable) the President. 

https://www.fec.gov/resources/cms-content/documents/2020presgeresults.pdf

ENFORCEMENT. Any person who knowingly and willfully commits a violation of  SECTION (.....). NARA RESULTS VIOLATION  — shall be fined under title 18, or imprisoned for not more than 5 [OR MORE] years, or both.

Effective Date.—The amendments made by this section shall apply with respect to communications made on or after January 1, 2022 and shall take effect without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments.