Conflicts of interest

[Volokh, Eugene]

        Oh, I agree -- there's generally no such requirement, but by the
same token there's no requirement that Gov. Bush recuse himself when
certifying the electoral votes.

        Of course, one could say that these proceedings are special in the
sense that they are a sort of quasi-judicial process for determining which
electors were properly chosen and which aren't; thus, the argument would go,
for much the same reason that the Chief Justice couldn't preside over his
own impeachment, the candidates themselves (and perhaps close relatives of
the candidates) can't vote on questions related to certifying the electors.
In that case, Gore, Lieberman, and Jeb Bush might indeed be called on to
recuse themselves.

        My point isn't that one or the other answer is right, though I
(together with Lynn) lean towards the judgment that no recusal is necessary;
it's only that, regardless of which answer you choose, the case for Gore and
Lieberman recusing themselves is at least as strong as the case for Jeb Bush
recusing himself.

> -----Original Message-----
> From: Lynne Henderson [SMTP:hendersl at IX.NETCOM.COM]
> Sent: Thursday, November 30, 2000 10:07 AM
> To:   CONLAWPROF at listserv.ucla.edu
> Subject:      Re: Conflicts of interest
>
> There's no requirement members of COngress have to recuse themselves for
> conflicts of interest.  If that were the case, there'd be few times
> there'd be anyone to vote on anything.
> This is politics-you get to vote your interests. -the  same thing applies
> to the Republican majorities having the power to vote for Bush electors in
> the state legislatures and the house.  Arguably, some members of Congres
> shave favors to call from whoever wins, and they'd have conflicts as well.
>
>       -----Original Message-----
>       From: Discussion list for con law professors
> [mailto:CONLAWPROF at listserv.ucla.edu]On Behalf Of Volokh, Eugene
>       Sent: Thursday, November 30, 2000 9:48 AM
>       To: CONLAWPROF at listserv.ucla.edu
>       Subject: Conflicts of interest
>
>
>
>               Prof. Griesel raises an excellent question, but let me
> highlight a related one:  If the choice of whether to seat Republican or
> Democrat electors to seat falls to the House and the Senate, wouldn't
> Senator Lieberman and Vice-President Gore have to recuse themselves given
> their obvious (even more so than Governor Jeb Bush's) conflicts of
> interest?
>
>               In fact, if they do recuse themselves, and the vote
> otherwise falls along party lines, the vote will be 50-49 for the
> Republicans in the Senate, and also majority Republican in the House -- so
> Governor Jeb Bush's judgment won't need to be solicited.  It is only if
> Gore and Lieberman don't recuse, and the vote in the Senate goes 50-50
> with Gore breaking the tie in favor of his and Senator Lieberman's
> electors, that Jeb Bush's certification will be the tiebreaker, and the
> question of Jeb Bush's recusal will arise.
>
>       Curtis Griesel writes:
>
>       If the selection of Florida electors finally falls to Governor Jeb
> Bush,
>       wouldn't he have to recuse himself of that role given his obvious
> conflict
>       of interest?
>
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