It was not a good week for Democrats in DC.  The Senate failed to break the filibuster on the two voting rights bills, and the President’s Build Back Better (BBB) is dead – what next?

On the voting rights front there are serious talks proceeding on ways to change the Electoral Count Act (ECA) of 1887.  I must confess over the years I was viewed as somewhat of a political junkie, knowing a lot of the less known rules and procedures for both Congress and elections; but I had never heard of the ECA.  The mess surrounding January 6 pointed to the failures in the counting of the Electoral College votes. One major issue is the rules that allows just one House member and one Senator to object and force a formal protest.  Similarly, the ceremonial role of the Vice President had never been seriously questioned – but both played roles last year.

A bipartisan group is in serious discussions on ways to change the rules and add clarity.  No one is in a rush but it is rising on the agenda for all the leaders.  It may be possible to add some of the less controversial ideas that were in the John Lewis Voting Rights Bill and the Freedom to Vote Bill and put them into the bipartisan package. 

The BBB package in the form it passed the House is dead; but there are provisions on issues ranging from universal PreK to affordability of prescription drugs that Joe Manchin and all 50 Democratic Senators could agree to.  Whatever package can be put together would need to remain in a Budget Reconciliation bill as it is the only legislative vehicle that gets around the 60 vote filibuster rule.  Due to the failure of the BBB package there has been no Budget Reconciliation Bill passed for the current fiscal year; hence it is still alive and could be changed by the Senate and returned to the House.

While progressive Democrats in the House may not be happy with this turn of events, to ask the age old question- compared to what?  Democrats need some victories on issues that resonate with their base, and if Democrats can swallow their pride, and work in tandem with Senators Manchin and Sinema, I believe a bill can pass.  Not only are Democrats under the gun to pass some version of the BBB package; but they only have a few weeks to act on the government budget prior to the next government shutdown deadline on February 18.  Bottomline a few busy weeks ahead.

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