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Politics : PRESIDENT GEORGE W. BUSH -- Ignore unavailable to you. Want to Upgrade?


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.