Electoral College precedent, a cautionary tale...

[Hobbes199]

>> Precedent subsequent to the statute's original enactment in 1887 has been sparse. There appears only to have been one example [], in 1961, when the Governor of the State of Hawaii first certified the electors of Vice President Nixon as having been appointed, and then, due to a subsequent recount which determined that Senator Kennedy had won the Hawaii vote, certified Senator Kennedy as the winner. Both slates of electors had met on the prescribed day in December, cast their votes for President and Vice President, and transmitted them according to the federal statute. This was the case even though the recount was apparently not completed until a later date, that is, not until December 28 (Facts on File, Weekly World News Digest, Vol. XX, No. 1052, p. 469 (December 2228, 1960)). The presiding officer, that is, the President of the Senate, Vice President Nixon, suggested "without the intent of establishing a precedent" that the latter and more recent certification of Senator Kennedy be accepted so as "not to delay the further count of electoral votes." This was agreed to by unanimous consent. (See discussion in Deschler's Precedents, at vol.3, Ch. 10, § 3.5, pp. 1213).


May indicate that it would behoove us to get the questionable states to certify an alternate slate of electors on the proper date, whether recounts have finished or not.

http://www.house.gov/cha/electoralcollege/electoralcollege.html

[New Earth]

1. it's too late for me think right

is this a good thing or a bad thing?

[New Earth]

2. could someone else please reply to this and tell me what you think?

[Hobbes199]

5. A precedent that wasn't supposed to be...

It's just saying that some branch of the state government had the foresight to certify the second slate of electors even though the recount wasn't finished. The state sent two slates of electors to congress, and congress voted to allow the second slate. This would have been harder if there wasn't a second slate sent, because congress could easily claim that whatever the result of the recount was, if only the first slate was ceritified and sent, thent that's the slate they have to go with.

[truehawk]

3. That would work if Ohio's Governor would certify them.

And a few million people on his doorstep might put him in the right frame of mind.

[DieboldMustDie]

4. But with Republicans controlling the Congress...

and Dick Cheney presiding over the Senate, which slate of electors do you suppose would be recognized? :shrug:

[Hobbes199]

6. Right

But if a second slate is not certified, then congress doesn't even have to ask the question. Ideally, a different branch/office of government in Ohio, Florida, or wherever should certify a second slate of electors on the appropriate date, just in case the recount goes the right way.