[EL] Allen West recount

Sun Nov 18 19:07:05 PST 2012

These deadlines are statutory, of course. Congress could extend the time of
the meeting of electors for a couple weeks by a simple change in law next
year. There are good reasons to do so, and these days the ponies can carry
the report of the electoral votes to the Capitol much faster than in the
19th century.

Or we can stick our heads in the sand and hope we don't have problems, as
is the norm for Congress when it comes to issues involving the Electoral
College.

Rob Richie

On Sun, Nov 18, 2012 at 9:33 PM, Larry Levine <larrylevine at earthlink.net>wrote:

> Separate from the Presidential election and Electoral College issue is the
> potential for issues at the state level. The legislature meets the first
> Monday of December, just a couple of days beyond the deadline for
> certifying the election. It’s a one-day session to “organize” the houses –
> elect leadership. Some early bills also are put across the desk. As the
> majority party usually elects one of its own as Speaker of the Assembly and
> President Pro Tempore of the Senate, what happens if one or more seats that
> might be determinative of the majority are not certified until the deadline
> and a re-count ensues. Also, statutes and constitutional amendments passed
> by the voters on the ballot take effect Jan. 1. A close election with a
> statewide re-count could be an issue.****
>
> These deadlines have existed for a long time. What has changed is the work
> load involved in processing millions of late absentee ballots and
> provisional ballots.****
>
> Larry****
>
> ** **
>
> *From:* Paul Lehto [mailto:lehto.paul at gmail.com]
> *Sent:* Sunday, November 18, 2012 5:53 PM
> *To:* larrylevine at earthlink.net
> *Cc:* Rick Hasen; law-election at uci.edu
> *Subject:* Re: [EL] Allen West recount****
>
> ** **
>
> ** **
>
> On Sun, Nov 18, 2012 at 1:27 PM, Larry Levine <larrylevine at earthlink.net>
> wrote:****
>
> [...] In California that means more than 3 million late absentees and
> provisional after the election. I imagine other states had large numbers of
> similar ballots to be counted. If the election is certified 30 days after
> Election Day, that makes it the first week in December before a recount can
> be requested. Imagine an election in which the final verdict depended on a
> large state with a large number of  ballots to be processed and counted
> after Election Day. Oops. That already happened.  Seriously, as the number
> of late absentee ballots and provisional ballots continues to climb this
> becomes a greater potential for disaster mounts.****
>
> Larry****
>
>
> Well California is now down from 3.349 million ballots just a few days ago
> to around 1.7 million ballots left to be counted as of November 16, 2012.
> However, the pace of vote counting has slowed down as the days go by, and
> some counties will use essentially all of the 31 days provide before
> certifying huge chunks of the California vote.
>
> We are looking at a smaller form of actual, current disaster in that the
> meaning of these elections are already quite well settled in the public and
> pundit-minds, despite many millions of uncounted votes, and further despite
> the fact that those uncounted votes are typically not representative of
> those ballots actually processed and reported on election night.  Numbers
> do shift in California and elsewhere, but the margin of victory and the
> competitiveness of candidates and the like are already well settled in the
> public mind.
>
> This is a form of partial disfranchisement in practical terms because
> millions of ballots are no part of the headlines or discussion in the days
> or weeks after the election.  Unless we posit that ballots that "don't
> change the overall result" don't matter, then to discuss election results
> in anything but clear and express "provisional" (no pun intended) terms is
> to effectively ignore the ballots of many millions nationwide.
>
> Paul Lehto, J.D.****
>
>  ****
>
> *From:* law-election-bounces at department-lists.uci.edu [mailto:
> law-election-bounces at department-lists.uci.edu] *On Behalf Of *Rick Hasen
> *Sent:* Sunday, November 18, 2012 10:04 AM
> *To:* law-election at UCI.edu
> *Subject:* [EL] Allen West recount****
>
>  ****
> “West seeks hearing after Murphy camp declares victory when St. Lucie
> board misses noon deadline” <http://electionlawblog.org/?p=44482> ****
>
> Posted on November 18, 2012 10:02 am <http://electionlawblog.org/?p=44482>by Rick
> Hasen <http://electionlawblog.org/?author=3> ****
>
> *Palm Beach Post*<http://www.palmbeachpost.com/news/news/state-regional-govt-politics/recount-resumes-as-noon-deadline-looms/nS9Dh/>:
> “The St. Lucie County canvassing board has missed a noon deadline to file
> election results to the Division of Elections, prompting campaign officials
> for Patrick Murphy to declare the political newcomer the winner in the race
> for congressional District 18 race.”****
>
> This will be one of those instances in which Republicans call for counting
> every vote and Democrats call for sticking to the rules as written.****
>
> See also St. Lucie Voting System Noted for Errors<http://www.palmbeachpost.com/news/news/st-lucie-voting-system-noted-for-errors/nS9CQ/>
> .****
>
> [image: Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D44482&title=%E2%80%9CWest%20seeks%20hearing%20after%20Murphy%20camp%20declares%20victory%20when%20St.%20Lucie%20board%20misses%20noon%20deadline%E2%80%9D&description=>
> ****
>
> Posted in election administration <http://electionlawblog.org/?cat=18>,
> recounts <http://electionlawblog.org/?cat=50>, The Voting Wars<http://electionlawblog.org/?cat=60>| Comments Off |
> ****
>
> -- ****
>
> Rick Hasen****
>
> Chancellor's Professor of Law and Political Science****
>
> UC Irvine School of Law****
>
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>
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>
> 949.824.3072 - office****
>
> 949.824.0495 - fax****
>
> rhasen at law.uci.edu****
>
> http://law.uci.edu/faculty/page1_r_hasen.html****
>
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>
> Now available: The Voting Wars: http://amzn.to/y22ZTv****
>
>  ****
>
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>
>
> --
> Paul R Lehto, J.D.
> P.O. Box 1
> Ishpeming, MI  49849
> lehto.paul at gmail.com
> 906-204-4965 (cell)
>
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>
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