WAS SHINGTON (AP) – Happy Safe Harbor Day, USA.
With the exception of Wisconsin, each state appears to have met a deadline of federal law, which means Congress will have to accept next week’s election vote and send it to the Capitol for counting in January. The next president of the country.
It is called a safe harbor provision because it is a type of insurance policy by which the state can close any election legal challenge by providing a certificate of election votes and by a deadline imposed by Congress, which is Tuesday this year.
Rebecca Green, a professor of electoral law at the Williamberg and Mary Law School in Virginia, said federal law requires that if a state completes a post-election certification by Dec. 8, Congress must accept those results. .
The Electoral College is the constitution of the legislature, but Congress sets the date for federal elections and, in the case of the presidency, determines when presidential voters gather in the state capitals to vote.
In 2020, that date is December 14th. But Congress also set a second term, six days before the voters’ meeting, so that the state’s results would not be challenged in Congress.
By the end of the day, each state is expected to make its election results official, with Biden receiving 306 and President Donald Trump 232 votes.
One of the tasks of Trump’s relentless efforts to challenge the legitimacy of the election is to focus on the provision of a generally safe haven. He has refused to admit, made unsubstantiated allegations of fraud and asked Republican legislators in key states to appoint voters who would vote for them even after those states certify Biden’s victory.
But Trump’s arguments have gone nowhere in the courts of Arizona, Georgia, Michigan, Nevada, Pennsylvania and Wisconsin. Most of his campaign lawsuits in state courts challenging Biden’s victory have been set aside, with the exception of Wisconsin, where the hearing is scheduled for this weekend..
Like others, the lawsuit doesn’t seem to have much chance of success, but since it was filed according to state law proceedings to challenge election results, “I think Wisconsin is due to miss the safe harbor deadline.” Ohio State University’s Moritz School of Law Said Edward Foley, a law professor at Law.
Judge Stephen Simanek, who was appointed to hear the case, acknowledged that the case would push the state out of a safe haven.
Missing a deadline would not deprive Wisconsin of its 10 election votes. Biden voters will meet in Madison on Monday to cast their ballots and there is no reason to expect Congress not to accept them. In any case, Biden would have more than the 270 votes he needed even without Wisconsin.
Foley said lawmakers in Washington could theoretically make a second estimate of the slate of voters who missed any state’s elect th December deadline.
A member of the House of Representatives, Rep. Moe Brooks, R-Ella has said he will challenge the election vote for Biden on Jan. 6. If so, both chambers will discuss the objections and vote on whether to uphold them.
But unless both houses accept the objections, they will fail.
The reluctance of Trump and his supporters to admit it is dangerous because one side wins the election race, one side loses and the losing party must accept the winner’s victory. “What’s really challenging right now is our ability to play by those rules,” Foley said.
After the 2000 presidential election, Bush v. The provision of safe harbor played a major role in the Gore case. The Supreme Court ordered a recount ordered by a Florida state court to stop as the safe harbor deadline approached. The court’s opinion was issued on December 12, 2000.
The next day, Vice President Al Gore met with Texas Governor George W. Bush. Bush accepted the race.
In his disagreement, Justice Stephen Breyer said that the dateline, which is really important, was the day to meet the Elect Oral Ralph College Ledge. Whether it was time to recount was a matter for “state courts to determine,” Breyer wrote.
When George W. Decisive in Bush’s victory, many members of the Black House protested when Florida voters’ votes reached Congress, but no senators were involved. He left Gore, who presided over the count as president of the Senate, to raise objections. From his fellow Democrats.
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