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Politics : Ask Michael Burke -- Ignore unavailable to you. Want to Upgrade?


To: Dan who wrote (86463)12/9/2000 2:06:06 AM
From: Jeff Leader  Respond to of 132070
 
The slate of electors of each state is always certified by the 'executive' of the state before it is sent to Washington (per USC Title 3 Section 6). Jeb would be in a nasty bind indeed if on the one hand he had a slate of (Bush) electors chosen by the legislature, and on the other hand he had a court order directing him to certify a different (Gore) slate. Maybe he's got a couple weeks of overseas travel planned in late December <g>.

As abhorrent as it seems to some, it appears that the legislature may well have the power to appoint electors. In addition to the Constitution, there is USC Title 3 section 2:

"Whenever any State has held an election for the purpose of choosing electors, and has failed to make a choice on the day prescribed by law, the electors may be appointed on a subsequent day in such a manner as the legislature of such State may direct."

Seems like Section 2 may have been intended for a situation such as we have now in FL; I'm hard pressed to think of another situation that this statute might address.