BluHorseShu said:You mean December 8th, correct? Otherwise you're posting from the future....Sorcerer!eric76 said:
Tomorrow, Tuesday, January 8, 2020, is Safe Harbor Day.
As I understand it, the votes of electors certified by tomorrow must be counted.
Haven't all the states certified their electors by now? Or is there one or two that haven't certified?
If they are certified, it should be open and shut, shouldn't it?
That's not the way that I read the law.eric76 said:
Tomorrow, Tuesday,JanuaryDecember 8, 2020, is Safe Harbor Day.
As I understand it, the votes of electors certified by tomorrow must be counted.
Haven't all the states certified their electors by now? Or is there one or two that haven't certified?
If they are certified, it should be open and shut, shouldn't it?
And I am not really sure that is constitutional under Article II Section One.Quote:
The safe harbor just protects the states from the state legislatures sending another slate of electors. That's all it really does.
I know.aggiehawg said:Am I am not really sure that is constitutional under Article II Section One.Quote:
The safe harbor just protects the states from the state legislatures sending another slate of electors. That's all it really does.
Yes. Bush v. Gore was kind of a messed up decision in several areas but hanging that question out there, whether the state legislature's power is plenary and doesn't end once the election happens is certainly one of them.Quote:
As you and BMX were discussing elsewhere, I think that the power should be plenary as a check against massive fraud, but it might not be. The state legislatures might be bound to the laws that they passed on how to elect voters.
From the article:BusterAg said:That's not the way that I read the law.eric76 said:
Tomorrow, Tuesday,JanuaryDecember 8, 2020, is Safe Harbor Day.
As I understand it, the votes of electors certified by tomorrow must be counted.
Haven't all the states certified their electors by now? Or is there one or two that haven't certified?
If they are certified, it should be open and shut, shouldn't it?
Here is an article for you: https://www.nbcnews.com/politics/2020-election/what-safe-harbor-day-why-it-s-bad-news-trump-n1250205
The safe harbor just protects the states from the state legislatures sending another slate of electors. That's all it really does.
Quote:
Under the law, Congress must count the electoral votes from states that chose their electors and resolve any legal disputes over the choice by the act's deadline, which is six days before the electors meet to vote. Of course, if a state fails to meet the safe harbor deadline but chooses its electors by Dec. 14, Congress can still count the votes.
...
Federal court cases remain active in Pennsylvania, but the general view among election law specialists is that the mere filing of a federal court lawsuit would not block a state's achieving safe harbor status, unless a judge had required the state to take steps that would delay its choice of electors.
"Assuming that the pending federal court litigation does not give the plaintiffs any of the remedies they are seeking, these federal cases should not affect safe harbor status, even if they go past Tuesday," said Edward Foley, an election law expert at Moritz College of Law at Ohio State University.
How so?aggiehawg said:And I am not really sure that is constitutional under Article II Section One.Quote:
The safe harbor just protects the states from the state legislatures sending another slate of electors. That's all it really does.
Read my post a few posts up.eric76 said:How so?aggiehawg said:And I am not really sure that is constitutional under Article II Section One.Quote:
The safe harbor just protects the states from the state legislatures sending another slate of electors. That's all it really does.
