States are Not Required to Certify their Presidential Results by Dec. 8th, the so called “Safe-Harbor” Date. It is Not a “Must” Date to Certify their Results by.
The Dec. 8th Date in Federal Law is an Offer, not a Requirement: If a State Certifies by then, Federal Law says Congress will then “conclusive[ly]” presume that Slate to be Valid.
But States are Free to Certify their Results After Dec. 8th.
The Electoral College does Not Vote until Dec. 14th.
If a State Submits a Single Slate, even after the Safe Harbor Date, Congress is to Accept that Slate unless both Chambers, in the Newly Elected Congress, Vote to Reject it.
The Supreme Court did Not hold, in Bush v. Gore, that the Electoral Count Act Mandates that All State Counting or Recounting Processes in the Presidential Election must End by the so-called “Safe Harbor” Date in the Act.
Instead, the Court, rightly or wrongly, interpreted Florida Law, as Construed by the Florida Supreme Court, as Reflecting a State Policy that such Processes End in Florida by that Date.
It’s Important to Clarify this Point well in Advance of any Context in which it might become Significant in 2020.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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