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Chill Ohio will not reach safe harbor, Contraverseys not resolved

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truehawk Donating Member (797 posts) Send PM | Profile | Ignore Mon Dec-13-04 01:45 PM
Original message
Chill Ohio will not reach safe harbor, Contraverseys not resolved
The Repubs can certify electors all they want, they still have not met the requirements of Ohio law, or federal law.

Of Course, with th

http://moritzlaw.osu.edu/electionlaw/analysis/041130a.h...

Snip<<<<<<

Presidential electors are due to cast ballots on Monday, December 13, 2004. The “safe harbor” would apply only if a “final determination” of Ohio’s election controversy were to occur by six days earlier, or Tuesday, December 7, 2004. Given that Secretary of State Blackwell has announced his attention to certify the winners of the Presidential election on December 6, 2004, it is plain that, if he maintains that schedule, Ohio’s process for reaching a “final determination” of the electoral contest cannot yield an answer by December 7.

It would be surprising, moreover, if Ohio ever achieved the “safe harbor” in any truly close race. Because (a) Boards of Elections can canvass the presidential popular vote no earlier
than 11 says after that vote, and (b) the “safe harbor” expires unless an election dispute reaches its final determination within 35 days, there are only 24 days under Ohio law for a slate of electors to be certified and for all recounts and contests to be initiated and resolved. This is not much time to deal effectively with any election in which well over 5 million voters are likely to cast ballots.
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When I looked in to it more, Oldleftielawyer was RIGHT!!
and Judge Carr was Wrong!!
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