[EL] PA federal decision attached

[Sean Parnell]

More likely, yes. Certain, no.

Sean

From: Trevor Potter [mailto:tpotter at capdale.com]
Sent: Monday, December 12, 2016 9:32 PM
To: Sean Parnell <sparnell at philanthropyroundtable.org>
Cc: Greenberg, Kevin <Kevin.Greenberg at flastergreenberg.com>; law-election at uci.edu
Subject: Re: [EL] PA federal decision attached

Sean
Would you agree that the Certificates of Ascertainment might be more likely to be completed and posted by the safe harbor date if it mattered-- i.e., if the states knew their production by a set date made a difference?
Trevor Potter

Sent from my iPhone

On Dec 12, 2016, at 3:18 PM, Sean Parnell <sparnell at philanthropyroundtable.org<mailto:sparnell at philanthropyroundtable.org<mailto:sparnell at philanthropyroundtable.org%3cmailto:sparnell at philanthropyroundtable.org>>> wrote:

By “interesting” I assume you mean wrong? If anybody is interested, here is a link to the relevant federal code and constitutional provisions: https://www.archives.gov/federal-register/electoral-college/provisions.html<https://www.archives.gov/federal-register/electoral-college/provisions.html>><%3e>. It clearly explains that the “safe harbor” is not a requirement (it is, however, a good practice to meet the safe harbor, particularly if there is some controversy over the outcome of the election).

Another interesting link, for those of you who have followed the National Popular Vote Interstate Compact: https://www.archives.gov/federal-register/electoral-college/2016/certificates-of-ascertainment.html<https://www.archives.gov/federal-register/electoral-college/2016/certificates-of-ascertainment.html> Advocates of NPV have generally stated that the vote totals to determine the compact winner would come off of the certificates of ascertainment, which they seem to have assumed would be easily accessible to the relevant state election officers by the safe harbor deadline or at least by the time the electoral college meets. As you may or may not know, I have been skeptical of this view. At the present time, with tomorrow being the “safe harbor” deadline, it seems worth noting that the certificates of ascertainment for 28 of 51 states (including DC) do not appear to be available on the Archives web site.

Best,

Sean

From: law-election-bounces at department-lists.uci.edu<mailto:law-election-bounces at department-lists.uci.edu<mailto:law-election-bounces at department-lists.uci.edu%3cmailto:law-election-bounces at department-lists.uci.edu>> [mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Greenberg, Kevin
Sent: Monday, December 12, 2016 11:56 AM
To: law-election at uci.edu<mailto:law-election at uci.edu<mailto:law-election at uci.edu%3cmailto:law-election at uci.edu>>
Subject: [EL] PA federal decision attached

While I don’t agree on every element (the voter would, I believe, have clear standing if the case went up the state system, for example), the jurisdiction and laches arguments are pretty clear, even before we get to the merits.

The safe harbor interpretation is also “interesting.”

And for those who treat everything on this board as partisan, I am a partisan Democratic lawyer. But Judge Diamond issued a thorough opinion that should end the matter here. Not that the Stein Crew won’t try to raise more money for an appeal.



Kevin Greenberg
Flaster Greenberg PC
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