bump!Happy Thanksgiving, ya'll!
Posted on 11/24/2004 5:17:07 AM PST by jmstein7
By losing their motion for an injunction for equitable relief in the form of any early recount, the Libertarians and Greens in Ohio have effectively lost any chance of having a "recount" with any legal effect whatsoever. The 2000 case of Bush v. Gore, which effectively ended Gore's "recounts" and quest for the White House, was very clear on when recounts must be completed by to meet minimum Constitutional standards:
The Supreme Court of Florida has said that the legislature intended the State’s electors to “participat[e] fully in the federal electoral process,” as provided in 3 U.S.C. § 5. ___ So. 2d, at ___ (slip op. at 27); see also Palm Beach Canvassing Bd. v. Harris, 2000 WL 1725434, *13 (Fla. 2000). That statute, in turn, requires that any controversy or contest that is designed to lead to a conclusive selection of electors be completed by December 12 [six days before the Electoral College meets]. That date is upon us, and there is no recount procedure in place under the State Supreme Court’s order that comports with minimal constitutional standards. Because it is evident that any recount seeking to meet the December 12 date will be unconstitutional for the reasons we have discussed, we reverse the judgment of the Supreme Court of Florida ordering a recount to proceed.
As you can see, the selection of electors must be completed six days before the meeting of the Electoral College -- 12/7 this year. After that date, the slate of electors cannot be changed. Period. That was why the Greens and Libertarians filed suit. When they lost, any chance of having a recount will legal effect was foreclosed.
Bush v. Gore shut down the left-wing shenanigans in 2000, and it will once again shut down the loony left in 2004.
Even if the official count if certified on Dec. 3, and even if the recount request is made on that very day, and even if it is considered, Ohio has five days to respond and start up the machinery of a recount. So, even after a timely request, Ohio wouldn't have to even start counting until Dec. 8 -- one day too late. And even if the unlikely happened and it started on Dec. 3, it takes Ohio almost two weeks, on the average, to complete such requests.
As such, you can all rest easy. None of this nonsense can alter the outcome of this election. It is impossible for Ohio to "recount" before the Constitutional deadline.
BUMP!
BUMP!
BTT!!!!!!!
The point of the recount is mute. The evil Blackwell will certify Ohio's result in time to ensure Ohio electors are counted and it will be in the hands of the Senate. Since the court has no authority over how the Senate proceeds, it is a futile effort. All your votes are belong to us.
I don't know why people seem concerned if there is a recount in Ohio. So what. W will still win. If the Kerry campaign thought there was any chance to steal the state, they would have already been there with their lawyers, spending money, and trying to muddy up the process.
Its not like the recount will change the wide margin Bush has.
Anybody who put money into this recount effort is so stupid they should have Caretakers.
Exactly.
Either that or so rich that $150K seems like pin money. (Think George Soros.)
Yup.
There has to be a deeper reason for this bizarre recount. I know that Rush thinks it is because Kerry must save face with the angry dims who believe that he gave up too quickly without a recount thus not keeping his word to make certain every vote is counted. We know that he is running again in 2008.
I believe there must be a more cynical reason. Are they searching for their fraudulent votes to see what went wrong so not to commit the same mistake in 2006 and 2008? I just don’t trust anything those dims do. And we all know that the dims are behind this.
Well, what does the Ohio state law say? The Bush v. Gore excer[t you refer to is citing Florida law. If Ohio has a similar provision, then this case controls.
No. You didn't read it right. It is talking about how the State Law must comport with the Constitution and Federal law, 3 U.S.C. s.5.
3 U.S.C. s.5 sets the deadline -- electors cannot be changed after 6 days prior to the meeting of the electoral college (Dec. 7 this year).
So, any recount authorized by State law after that date will be invalid for the purposes of State Electors -- which cannot be changed, according to federal law, after 12/7.
So, Ohio could have ten recounts after that date, but they would have no legal effect.
A judge has already ruled that any Ohio recount for the parties who have petitioned is moot....none of them have any remote chance of winning the election in the first place. He has denied their request for an immediate recount. I believe he said it can wait until some time in the future after the date your article mentions.
Besides, even J. Kerry has no chance of overturning the margin of victory in Ohio. Florida's count held despite a few recounts, and it was a difference less than 1000.
In Ohio, there are at least 130,000 votes separating Bush/Kerry at this point, and the provisional ballots are being rejected at about a 20% rate, and then those that are counted are splitting slightly in the Pres's favor. At the level where the recount would take place, the county boards of elections are comprised of 2+2 Reps/Dems. Therefore, there will be no "close" votes on hanging chads. It will be a clear win or a loss. Also, Ohio has specifically defined what constitutes a vote regarding a chad. (Held by only one point of connection, if I remember correctly...in other words, "pregant" chads don't count.) Beyond that, the Republicans hold the governor's chair, the legislature, the supreme court, and the chief justice chair.
The Democrats are dumb, but they're not suicidal. To push this when there isn't even a prayer would make them look ridiculous and would destroy their credibility in the state.
The Democrats are dumb, but they're not suicidal. To push this when there isn't even a prayer would make them look ridiculous and would destroy their credibility in the state.
Has this ever stopped them before?
Yes. If Kerry though he had a prayer -- or even an outside chance of merely muddying the waters -- he would not have thrown in the towel.
Yep. They want to see tactics that work and those that do not to seee how they can maximize voter fraud in 2008. That is why they are DemocRATs.
"Has this ever stopped them before?"
Not since they invented the false bottom ballot box.
bump!Happy Thanksgiving, ya'll!
Thanks, jm. I haven't had one second of concern about this 'recount,' but this is good to know.
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