Elhauge is Certified
doughr at ACAD.UDALLAS.EDU
Fri Dec 8 14:15:41 PST 2000
Michael McConnell wrote:
"Specifically, does everyone agree that if the Florida courts (with any appeal
to the U.S. Supreme Court on federal questions) fail to resolve the contest
actions by Dec. 12, then the Bush electors, having been certified, will vote,
and their votes will be counted?"
That seems to be the requirement of 3 USC 15, concerning the counting of
electors in Congress: "...and no electoral vote or votes from any State which
shall have been regularly given by electors whose appointment has been lawfully
certified to according to section 6 of this title [filed with National Archives]
from which but one return has been received shall be rejected..." (emphasis
Florida's votes are protected, it seems, as long as there is only one slate
The problem, it seems to me, is: If another slate is entered and certified, say,
from the FL Court ordering the SOS to certify Gore electors, then Congress has
the decisive role in deciding to accept one or the other, guided again by the
same provision, requiring Congress when it disagrees which ones to accept to
take those certified by the execuitve of the State. But if the Court orders the
executive to certify a new Gore slate, what does Congress do? Isn't this what
the FL legislature is worried about?
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