[EL] Accepting the results of the election
JBoppjr at aol.com
JBoppjr at aol.com
Wed Oct 19 21:52:03 PDT 2016
Thank you Steve and yes I honestly believe that Trump meant the results of
the election on election day. Fortunately for you, me and Mrs. Clinton, we
are all lawyers and have spent out lives parsing words. It is perfectly
obvious that Trump has not. His speech is halting and disjointed and he
often misuses words in incomplete sentences. As a lawyer, I find this
disconcerting but many find it part of his charm and attractiveness. So when
Wallace said accept the "result" of the election, it is perfectly understandable
that a layman would understand that to be the result of the election on
election day. Jim Bopp
In a message dated 10/19/2016 11:59:23 P.M. Eastern Daylight Time,
SVladeck at law.utexas.edu writes:
Jim: The question Chris Wallace asked was not whether Mr. Trump would
accept the “election day count”; it was whether he would accept the “result”
of the election. I suspect we would all agree that the “result” of the
election is not necessarily what the TV networks report on election night, but
rather the result when totals are certified, any available and appropriate
legal challenges thereto are complete (which was the net consequence of
the Supreme Court’s ruling in Bush v. Gore), and the Electoral College does
its thing. That’s the result Al Gore accepted in 2000 – and a result I’m
sure he would have been willing to say he’d accept if asked at the final
debate, at 3 a.m. on election night, or anytime thereafter.
Perhaps Jim honestly thinks Mr. Trump meant the former, and intended to
leave open the possibility of appropriately challenging recounts in states in
potentially dispositive in which they’re automatically triggered, a la
2000. Given what else he has said on the campaign trail on the topic, it seems
fairly clear to me that that’s not what Mr. Trump meant, and that to
compare his remarks tonight to 2000 is therefore specious.
-steve
From: law-election-bounces at department-lists.uci.edu
[mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Larry Levine
Sent: Wednesday, October 19, 2016 10:52 PM
To: JBoppjr at aol.com; rhasen at law.uci.edu; law-election at uci.edu
Subject: Re: [EL] Accepting the results of the election
If I recall, Gore was on his way to make his concession speech, when the
secretary of state in Florida announced the result was within the margin for
a mandatory recount. That was when both sides dug in their heels for the
fight.
Larry
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] On Behalf Of _JBoppjr at aol.com_ (mailto:JBoppjr at aol.com)
Sent: Wednesday, October 19, 2016 8:06 PM
To: _rhasen at law.uci.edu_ (mailto:rhasen at law.uci.edu) ;
_law-election at uci.edu_ (mailto:law-election at uci.edu)
Subject: [EL] Accepting the results of the election
Some of those on this list serve may have taken note of this exchange:
Chris Wallace: "Will you accept the result of this election?"
Donald Trump: "I will look at it at the time. ... I will keep you in
suspense."
Hillary Clinton: "That's horrifying."
Let me say that I think that Clinton's reaction was as phony and as it was
absurd. Al Gore did not accept the results of the 2000 election. He sued
for a recount in Florida which was not resolved until early December by a
decision of the US Supreme Court. Only then, when no other legal recourse was
possible, did he accept the results of the election. This, of course, was
Gore's legal right to do. It would be ridiculous for Trump to say in
advance that he will accept the election day count, if it would be appropriate to
institute a recount.
State laws provide legal remedies to contest election or ask for recounts
under certain circumstances. It is perfectly appropriate for a candidate to
use these if legally available. Jim Bopp
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