[EL] Legal Effect (if any) of alleged verbal candidate concession

[Greenberg, Kevin]

That's true everywhere I know, in terms of speeches.  However, in any (most?) jurisdictions with automatic recounts, a losing candidate can waive it in writing and that waiver will have binding effect.

In Pennsylvania, there is a statutory timetable of the 8th day post-election to waive this right, at 25 P.S. 3154(h).  The automatic recount only exists in statewide races decided by a half a percent or less.  The governmental cost of the recount has been estimated at $300-500K and that number has both persuaded at least one candidate in a legal but hypothetical position and was insufficient to convince at least one other.

To be clear, I am NOT arguing that  a recount is pointless.  But we have had a few occasions just under the ½ percent threshold where the number of paper ballots (which is what is really subject to recount) was not materially greater than the gap in the final count.

The ½ percent threshold likely makes sense where you have a massive paper ballot count, but all post-election searches for votes needs to be tempered by candidate common sense where you are simply delaying the inevitable (we all probably have our "favorite" example).


Kevin Greenberg
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From: law-election-bounces at department-lists.uci.edu [mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Paul Lehto
Sent: Thursday, November 08, 2012 5:19 PM
To: law-election at uci.edu
Subject: [EL] Legal Effect (if any) of alleged verbal candidate concession

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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