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Electoral College News: 'Safe Harbor' Deadline Is Today


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USA TODAY

Today marks an important Electoral College deadline. Here's why that's bad news for Trump

Joey Garrison, USA TODAY
Tue, December 8, 2020, 4:00 AM EST
 
 

WASHINGTON — President Donald Trump's long-shot bid to overturn the election could become more far-fetched after Tuesday, when states with legal fights and recounts behind them can receive assurance that Congress must accept their electors.

Tuesday marks the so-called safe harbor deadline. Federal law requires that Congress recognize the slates of electors chosen by states that have resolved election disputes by this date.

The deadline comes as the Trump campaign has lost a barrage of court challenges in Michigan, Pennsylvania, Wisconsin, Georgia, Arizona and Nevada – each battleground states President-elect Joe Biden won – seeking to overturn the Nov. 3 presidential election.

Federal judges in Michigan and Georgia on Monday dismissed separate lawsuits from former Trump attorney Sidney Powell, an ally of the president, who tried to overturn results in those states with unfounded allegations of voter fraud.

 

"With each day that passes, particularly once the safe harbor deadline has passed, the possibility of changing the result becomes more and more remote," said Rebecca Green, director of William and Mary School of Law's election law program. "Without credible evidence to support the idea that there's a problem, it just becomes less and less likely that anyone is going to disrupt the schedule as it unfolds in state statutes and federal law."

President Donald Trump on Dec. 5, 2020, in Valdosta, Georgia.
President Donald Trump on Dec. 5, 2020, in Valdosta, Georgia.

 

The safe harbor deadline, outlined in the Electoral Count Act of 1887, falls six days before the Electoral College meets Dec. 14 to formally cast votes for president based on the popular votes in each state.

Congress then meets Jan. 6 to count the electoral votes and certify a presidential and vice presidential winner. Biden is set to defeat Trump 306-232 in the Electoral College based on the certification of election results by states.

Trump has refused to concede the election, falsely claiming the election was stolen by reciting conspiracy theories and baseless claims of widespread voter fraud.

It's unclear how many states will meet the safe harbor deadline. Governors are required to communicate if they reached safe harbor status to the U.S. archivist.

 

The safe harbor protection applies to states that have settled "any controversy or contest concerning the appointment of all or any of the electors." States don't have to meet the safe harbor deadline to have their electors counted. But for the states that do, their determination "shall be conclusive, and shall govern in the counting of the electoral votes," the act reads.

"Meaning that Congress will not second-guess or question the state's own final determination," said Ned Foley, director of the election law program at Ohio State University School Law. "It gives the states the opportunity to chart its own destiny, if you will, with the respect to its electoral votes. Because if they make that final determination by that deadline, that's the answer and Congress promises not to question it."

The U.S. Supreme Court gave significance to the safe harbor deadline in 2000 when justices halted recount efforts in Florida so the state could meet the deadline in the race between President George W. Bush and Democrat Al Gore.

 

When electors from all 50 states and the District of Columbia meet Monday, they are obligated to vote for the candidate they pledged to support. Biden electors will convene in states Biden won, and Trump electors will convene in states Trump won.

When Congress counts the electoral votes on Jan. 6, it is historically a formality that reaffirms the Electoral College's action.

But in Pennsylvania, more than 60 Republican lawmakers have called on the state's congressional delegation to reject Biden's victory in the state.

And U.S. Rep. Mo Brooks, R-Ala., said last week he hopes to "reject the count of particular states" like Georgia and Pennsylvania that had "flawed election systems." Trump applauded the congressman.

Any effort to defy the votes from the Electoral College has virtually no shot of succeeding. It would be further guaranteed no success in states that meet the safe harbor deadline.

 

https://news.yahoo.com/today-marks-important-electoral-college-090014532.html

 

GO RV, then BV

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28 minutes ago, Shabibilicious said:
USA TODAY

Today marks an important Electoral College deadline. Here's why that's bad news for Trump

Joey Garrison, USA TODAY
Tue, December 8, 2020, 4:00 AM EST
 
 

WASHINGTON — President Donald Trump's long-shot bid to overturn the election could become more far-fetched after Tuesday, when states with legal fights and recounts behind them can receive assurance that Congress must accept their electors.

Tuesday marks the so-called safe harbor deadline. Federal law requires that Congress recognize the slates of electors chosen by states that have resolved election disputes by this date.

The deadline comes as the Trump campaign has lost a barrage of court challenges in Michigan, Pennsylvania, Wisconsin, Georgia, Arizona and Nevada – each battleground states President-elect Joe Biden won – seeking to overturn the Nov. 3 presidential election.

Federal judges in Michigan and Georgia on Monday dismissed separate lawsuits from former Trump attorney Sidney Powell, an ally of the president, who tried to overturn results in those states with unfounded allegations of voter fraud.

 

"With each day that passes, particularly once the safe harbor deadline has passed, the possibility of changing the result becomes more and more remote," said Rebecca Green, director of William and Mary School of Law's election law program. "Without credible evidence to support system" rel="">support the idea that there's a problem, it just becomes less and less likely that anyone is going to disrupt the schedule as it unfolds in state statutes and federal law."

President Donald Trump on Dec. 5, 2020, in Valdosta, Georgia.
President Donald Trump on Dec. 5, 2020, in Valdosta, Georgia.

 

The safe harbor deadline, outlined in the Electoral Count Act of 1887, falls six days before the Electoral College meets Dec. 14 to formally cast votes for president based on the popular votes in each state.

Congress then meets Jan. 6 to count the electoral votes and certify a presidential and vice presidential winner. Biden is set to defeat Trump 306-232 in the Electoral College based on the certification of election results by states.

Trump has refused to concede the election, falsely claiming the election was stolen by reciting conspiracy theories and baseless claims of widespread voter fraud.

It's unclear how many states will meet the safe harbor deadline. Governors are required to communicate if they reached safe harbor status to the U.S. archivist.

 

The safe harbor protection applies to states that have settled "any controversy or contest concerning the appointment of all or any of the electors." States don't have to meet the safe harbor deadline to have their electors counted. But for the states that do, their determination "shall be conclusive, and shall govern in the counting of the electoral votes," the act reads.

"Meaning that Congress will not second-guess or question the state's own final determination," said Ned Foley, director of the election law program at Ohio State University School Law. "It gives the states the opportunity to chart its own destiny, if you will, with the respect to its electoral votes. Because if they make that final determination by that deadline, that's the answer and Congress promises not to question it."

The U.S. Supreme Court gave significance to the safe harbor deadline in 2000 when justices halted recount efforts in Florida so the state could meet the deadline in the race between President George W. Bush and Democrat Al Gore.

 

When electors from all 50 states and the District of Columbia meet Monday, they are obligated to vote for the candidate they pledged to support system" rel="">support. Biden electors will convene in states Biden won, and Trump electors will convene in states Trump won.

When Congress counts the electoral votes on Jan. 6, it is historically a formality that reaffirms the Electoral College's action.

But in Pennsylvania, more than 60 Republican lawmakers have called on the state's congressional delegation to reject Biden's victory in the state.

And U.S. Rep. Mo Brooks, R-Ala., said last week he hopes to "reject the count of particular states" like Georgia and Pennsylvania that had "flawed election systems." Trump applauded the congressman.

Any effort to defy the votes from the Electoral College has virtually no shot of succeeding. It would be further guaranteed no success in states that meet the safe harbor deadline.

 

https://news.yahoo.com/today-marks-important-electoral-college-090014532.html

 

GO RV, then BV

 

Yes...it is a date on the calender....

And for the states where there have been no issues...(no law suits)....those States will be very locked in....

 

The others....call them the 6 swing states.....just not the case.....despite what the MSM tells you.....

 

And this likely will go to Jan 6th or beyond....

 

All Americans should want to know it was, or wasn't  an honest accurate election, no matter which way it goes....    CL

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3 minutes ago, coorslite21 said:

 

Yes...it is a date on the calender....

And for the states where there have been no issues...(no law suits)....those States will be very locked in....

 

The others....call them the 6 swing states.....just not the case.....despite what the MSM tells you.....

 

And this likely will go to Jan 6th or beyond....

 

All Americans should want to know it was, or wasn't  an honest accurate election, no matter which way it goes....    CL

 

1 month past the election and still nothing found in the 'rampant' election fraud category.  

 

GO RV, then BV

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12 minutes ago, Shabibilicious said:

 

1 month past the election and still nothing found in the 'rampant' election fraud category.  

 

GO RV, then BV

 

Kind of interesting that the MSM and their parrots are stuck on the word fraud....

Corruption might be more accurate....dishonesty.....

breaking the law.....cheating.....

 

But even let's call it human error...or machine glitches....

 

If any of the above terminology occurred and altered the election results.....the people have a right to know that.....   CL

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USA TODAY

Georgia Gov. Brian Kemp to state legislators: Picking own presidential electors 'not an option'

 
 
Adam Van Brimmer, Savannah Morning News
Tue, December 8, 2020, 6:41 AM EST
 
 

ATHENS, Georgia — Georgia Gov. Brian Kemp issued a stern reminder to Georgia’s state legislators about the limits of their powers Monday, specifically in regards to a push by six members of the Georgia General Assembly to convene a special session to select a separate slate of presidential electors.

Speaking to lawmakers at the Biennial Institute for Georgia Legislators, a legislative session primer held every two years at Athens’ The Classic Center, Kemp reiterated a statement issued late Sunday regarding election challenges.

President Donald Trump, who lost the Nov. 3 election in Georgia by approximately 12,000 votes to Joe Biden, recently appealed to Kemp to convene a special session in hopes the Republican-controlled Legislature would designate Trump loyalists to award the state’s 16 Electoral College votes Dec. 14. When Kemp refused, Sens. Brandon Beach, Greg Dolezal, Burt Jones and William Ligon and House Reps. Colton Moore and Vernon Jones called for the special session.

Kemp told lawmakers Monday that doing so “is not an option” under Georgia law. A statute enacted in 1960 prohibits the Georgia General Assembly from choosing delegates to the Electoral College except in cases where an election cannot be held.

Georgia Gov. Brian Kemp is greeted as he visits the House Chambers on Sine Die, day 40, of the legislative session in Atlanta, Friday, June 26, 2020.
Georgia Gov. Brian Kemp is greeted as he visits the House Chambers on Sine Die, day 40, of the legislative session in Atlanta, Friday, June 26, 2020.

“You all will be taking an oath to uphold the laws and constitution of our state, and now more than ever, it is important to remember that thousands of brave men and women have paid the ultimate sacrifice for those laws, that constitution and all that they protect,” Kemp said.

“I’m confident that each of you will live up to the words and greater calling regardless of political consequences. That’s what I’ve been doing.”

The judicial system, not the Georgia Capitol, is the appropriate venue to decide election challenges, Kemp said.

Kemp, along with Secretary of State Brad Raffensperger, Georgia’s top elections official, have been frequently criticized by the Trump campaign and their supporters since the initial election results were released. Georgia has conducted a hand audit of ballots and a recount in the time since, and last week certified the results.

Kemp’s comments Monday came just hours after a panel of lawyers, including a Georgia Supreme Court justice, told legislators that attempting to subvert the election results and choose its own presidential electors would be “highly unlikely” to withstand legal challenges. The discussion was part of a program focused on “powers vested to the General Assembly.”

Kemp received a standing ovation from the approximately 200 members of the Georgia General Assembly in attendance for his lunchtime address.

"I applaud the governor's efforts when it comes to upholding Georgia's Constitution and his authority. He has shown the citizens of Georgia neither he nor his office will be bullied by outside influences," said Sen. Lester Jackson, D-Savannah. "Gov. Kemp has chosen to stand for people rather than politics."

The governor also received praise from Georgia Speaker of the House David Ralston, and not just for his handling of the post-election controversy.

“Being governor of a state is never easy, but in just the last few months he has managed through a pandemic and a suddenly smaller state budget,” Ralston said. “I appreciate more than he knows his leadership and his friendship both to me and every legislator here today.”

President Donald Trump talks to reporters at Phoenix Sky Harbor International Airport, Monday, Oct. 19, 2020, in Phoenix.
President Donald Trump talks to reporters at Phoenix Sky Harbor International Airport, Monday, Oct. 19, 2020, in Phoenix.

This article originally appeared on Savannah Morning News: Georgia's Brian Kemp:

 

https://news.yahoo.com/georgia-gov-brian-kemp-state-114116749.html

 

GO RV, then BV

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7 minutes ago, coorslite21 said:

 

Kind of interesting that the MSM and their parrots are stuck on the word fraud....

Corruption might be more accurate....dishonesty.....

breaking the law.....cheating.....

 

But even let's call it human error...or machine glitches....

 

If any of the above terminology occurred and altered the election results.....the people have a right to know that.....   CL

 

Agreed on terminology....and still nothing, or more accurately, not enough to overturn an entire election, including all down ballots.

 

Where does the seized computer servers in Germany issue stand?....still on track to blow this whole thing wide open?

 

GO RV, then BV

Edited by Shabibilicious
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7 minutes ago, Shabibilicious said:

 

Agreed on terminology....and still nothing, or more accurately, not enough to overturn an entire election, including all down ballots.

 

Where does the seized computer servers in Germany issue stand?....still on track to blow this whole thing wide open?

 

GO RV, then BV

As they say there is no “There, There. And I believe the “Biblical News” or whatever Sidney Powell called it in GA has been thrown out of court! The Kraken lawsuit has been found to be nothing more than crack pot! How much more BS can you bring to a court of law! How about Trump trying to save some lives before he leaves office. This is the exact reason why 81,283,859 Americans declared he’s not worth 4 more years! History will be his judge now!

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36 minutes ago, coorslite21 said:

 

Kind of interesting that the MSM and their parrots are stuck on the word fraud....

Corruption might be more accurate....dishonesty.....

breaking the law.....cheating.....

 

But even let's call it human error...or machine glitches....

 

If any of the above terminology occurred and altered the election results.....the people have a right to know that.....   CL

I think Treason is the most fitting terminology!!

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39 minutes ago, Shabibilicious said:

 

Agreed on terminology....and still nothing, or more accurately, not enough to overturn an entire election, including all down ballots.

 

Where does the seized computer servers in Germany issue stand?....still on track to blow this whole thing wide open?

 

GO RV, then BV

 

Wait for it.....what's the rush?

 

You wouldn't be posting so fervently if you really thought Joe was a lock to win....

You'd be taking a long winter's  nap dreaming of higher taxes and war in the middle east...😮

 

CL

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25 minutes ago, coorslite21 said:

 

Wait for it.....what's the rush?

 

You wouldn't be posting so fervently if you really thought Joe was a lock to win....

You'd be taking a long winter's  nap dreaming of higher taxes and war in the middle east...😮

 

CL

 

I like to post....just as you like to push back.  What the problem is.  And again there is no rush....I didn't set today as 'Safe Harbor' day....the U.S. Constitution does.  And once again, I have no problem paying my fair share of taxes....I just want everybody to pay the same percentage, easy peasy.  And I'm not a warmonger, far from it....But I'm not about repeating stupid policies and creating power vacuums for the bad guys, like Obama did...and now Trump wants to do the same in Afghanistan.    

 

GO RV, then BV

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3 hours ago, Shabibilicious said:

Georgia Gov. Brian Kemp to state legislators: Picking own presidential electors 'not an option'

This statement ALONE is a violation of Constitutional law. 

 

 

3 hours ago, Shabibilicious said:

 

1 month past the election and still nothing found in the 'rampant' election fraud category.  

 

GO RV, then BV

Just continuing to repeat a lie like a parrot doesn't make it true. 

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