To: Dave Gore who wrote (110734 ) 12/11/2000 2:32:39 PM From: Ellen Respond to of 769669 Message 14988671 jurist.law.pitt.edu Some interesting sections(among others): U.S. Code Title 18, Section 241, makes it unlawful for two or more persons to conspire to injure, oppress, threaten, or intimidate any citizen in the exercise of a right or privilege secured to him by the Constitution or laws of the United States (including the right to vote in an election for President). Section 242 makes it unlawful for anyone acting under color of law, statute, ordinance, regulation, or custom to willfully deprive a person of any right, pr.ll;9u00ivilege, or immunity secured or protected by the Constitution or laws of the United States. We note that there is precedent for a state to submit an amended or modified Certificate of Ascertainment. The November 22, 2000, Washington Post reports that in Hawaii in 1960 the governor first certified the electors for Nixon and then subsequently sent in a new certification for the JFK electors (which Nixon agreed should be honored). So it seems that a Certificate of Ascertainment is not necessarily chiseled in granite. December 12 gains its significance from Title 3, U.S. Code, section 5. This provision gives conclusive effect, so far as the counting of electoral votes in Congress is concerned, to a judicial or other resolution of an election controversy or contest if such resolution is made according to laws enacted before election day and if such resolution is accomplished by a date six days before the meeting of the electors. This year, the electors meet on December 18; six days before is December 12. Thus, December 12 is not an absolute deadline in the sense that no electors appointed after this date may participate in the electoral college. Rather, it is the deadline in federal law for such a resolution to a controversy or contest to obtain the benefit of this "conclusive" effect.