[EL] Legal Effect (if any) of alleged verbal candidate concession
Paul Lehto
lehto.paul at gmail.com
Thu Nov 8 14:19:07 PST 2012
What is the legal effect, if any, of an alleged candidate concession early
in the morning after the election on their ability to ask for a recount
based on later-acquired information?
It seems to me that candidate concessions are mere political custom and
don't have the force of law nor do they estop a candidate from exercising
election-related rights like requesting a recount. Are there states or
laws that are an exception to this?
I recognize that once in a while election procedures may differ somewhat
based on candidate concession, though I'm thinking that such concessions
are not legally binding on the candidate, should not affect how election
procedures are executed, and certainly would not affect the rights of third
parties with standing to file election contests as otherwise provided by
law.
Paul Lehto, J.D.
PS
*What impact does a candidate’s concession speech have on the Electoral
College process?*
None. A candidate’s concession speech does not impact the states’ duties
and responsibilities related to the Electoral College system.
Source:
http://www.archives.gov/federal-register/electoral-college/faq.html#concession<http://www.archives.gov/federal-register/electoral-college/faq.html#concession>
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