Dual Sets of Electors?

[Conkle, Daniel O.]

I've heard talk that there could be dual sets of Florida electors,
Republican and Democrat, each of which would be certified in time to vote by
Dec. 18.  But how, exactly, could this happen?  Isn't it likely that the
Florida Supreme Court, in the end, would enter an order, one way or the
other, that would permit only one certified slate of electors?

There were two sets of electors from several states in 1876, but that was
before the procedures specified in 3 U.S.C. Sec.1 et seq. were in place.

Did it also happen in 1960, with respect to Hawaii?  If my understanding is
correct, there was a Hawaii state judicial ruling, after the original Hawaii
certification and after the electoral college voting date in December, that
switched the state from Republican to Democrat, and Congress -- on the
recommendation of then-Vice President Nixon, President of the Senate --
chose to accept the second, Democratic set of votes.  Did each set of Hawaii
electors actually vote on the designated date in December?  If so, did the
Democratic set of electors vote without prior certification?

Dan Conkle
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Daniel O. Conkle
Professor of Law
Indiana University School of Law
Bloomington, Indiana  47405
(812) 855-4331
fax (812) 855-0555
mailto:conkle at indiana.edu
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