- If only ONE (white) Senator had stood up with the Congressional Black Caucus when they called for the rejection of the certification of the Florida electors...the Senate would have been forced to debate the matter and perhaps hold hearings.
- Below is what COULD HAVE taken place if one Democratic Senator had stood with the CBC:
CONSTITUTIONAL LAW AND FEDERAL PROCEDURE
FOR CONGRESSIONAL CHALLENGE
OF PRESIDENTIAL ELECTORS
Prepared by Mark H. Levine,
counsel for Democrats.com
with the assistance of Michael North
member of the Advisory Board of Democrats.com
Available on the Internet, at
http://www.trustthepeople.com/http://democrats.com/images/brief-1-6-01.htmlVIII. LEGAL IMPLICATIONS OF REJECTION OF FLORIDA'S UNLAWFUL ELECTORAL VOTES; PRECEDENT
The Twelfth Amendment is clear: the candidates for President and Vice-President with the most votes win, "if such number be a majority of the whole number of Electors appointed." The number of Electors appointed does not include those appointed in violation of law. As 3 U.S.C. § 6 makes clear, appointments are only valid if done pursuant to state law. If electors are not appointed pursuant to law, they are not appointed at all. Thus by majority of the 513 appointed electors, if the Florida electoral slate is excluded, Vice President Albert Gore, Jr. would win the Presidency, and Senator Joseph Lieberman would win the Vice-Presidency, by a margin of 267 to 246 votes in the Electoral College.
There is a precedent for not counting states' electoral votes. In the Election of 1864, during the Civil War Between the States, eleven Southern states failed to appoint electors. Even following the War, in 1868, Virginia, Mississippi, and Texas were denied re-entry to the Union, due to their failure to ratify the Fourteenth Amendment to the U.S. Constitution and were thereby denied the right to participate in the choosing of Presidential Electors. Despite the lack of duly-appointed electors by these Southern states, President Lincoln was re-elected in 1864 and President Grant was elected in 1868 by "a majority of the whole number of Electors appointed." U.S. Constitution, Amendment XII.
IX. PROCEDURE FOR REJECTING UNLAWFUL ELECTORAL VOTES
A. Place and Time
The procedures in the 1887 Federal Law on Presidential Elections are quite explicit, with even the exact seating of the officials ordained by law. 3 U.S.C. § 16. Both the Senate and House shall meet in the Hall of the House of Representatives precisely at 1:00 p.m. on January 6, 2001. 3 U.S.C. § 15. The President of the Senate (the current Vice-President) shall preside and shall open all ballots in alphabetical order. Id.
B. Procedure for Written Objections
Upon reading each of the states' ballots in alphabetical order, the President of the Senate is required by law to "call for objections, if any." 3 U.S.C. § 15. "Every objection shall be made in writing, and shall state clearly and concisely, and without argument, the ground thereof, and shall be signed by at least one Senator and one Member of the House of Representatives before the same shall be received." 3 U.S.C. § 15.
"While the two Houses shall be in meeting as provided in this chapter, the President of the Senate shall have power to preserve order; and no debate shall be allowed and no question shall be put by the presiding officer except to either House on a motion to withdraw
." 3 U.S.C. § 18.
C. Consideration of Objections
"When all objections so made to any vote or paper from a State shall have been received and read, the Senate shall thereupon withdraw, and such objections shall be submitted to the Senate for its decision; and the Speaker of the House of Representatives shall, in like manner, submit such objections to the House of Representatives for its decision." 3 U.S.C. § 15. Note that all objections must be presented at the same time to each slate of electors. Thus, e.g., all objections to Florida's slate of electors must be submitted at once.
"When the two Houses separate to decide upon an objection that may have been made to the counting of any electoral vote or votes from any State, or other question arising in the matter, each Senator and Representative may speak to such objection or question five minutes, and not more than once; but after such debate shall have lasted two hours it shall be the duty of the presiding officer of each House to put the main question without further debate." 3 U.S.C. § 17. In other words, each objection shall have its own debate, lasting up to 2 hours for each objection. Then the question shall be put to a vote. Then the next objection shall be considered, and so forth.
As noted above, "the two Houses concurrently may reject" any electoral votes when they agree that the votes have not been "regularly given" by electors whose appointment has been certified in accordance with Florida law. 3 U.S.C. §§ 15, 6.
D. Duration of Consideration of Objections
"Such joint meeting shall not be dissolved until the count of electoral votes shall be completed and the result declared; and no recess shall be taken unless a question shall have arisen in regard to counting any such votes, or otherwise under this subchapter, in which case it shall be competent for either House, acting separately, in the manner hereinbefore provided, to direct a recess of such House not beyond the next calendar day, Sunday excepted, at the hour of 10 o'clock in the forenoon." So, the joint session may be continued to Monday, January 8, 2001. "But if the counting of the electoral votes and the declaration of the result shall not have been completed before the fifth calendar day next after such first meeting of the two Houses , no further or other recess shall be taken by either House." 3 U.S.C. § 16.
Respectfully submitted,
MARK H. LEVINE
California State Bar No. 162934
attorney for Democrats.com
APPENDIX 3:
PATTERN OF ALLEGATIONS
OF IMPROPER PROCEDURE IN THE
CONDUCT OF THE FLORIDA ELECTION
compiled by democrats.com
1. Before the election, Florida Secretary of State Katherine Harris spent $4 million of taxpayer funds to hire a firm to purge voters who were allegedly felons. The list of "felons" included 8,000 American citizens -- mostly minorities -- who committed only misdemeanors, and thousands of innocent people -- again mostly minorities -- with the same names as felons. By this action almost 58,000 U.S. citizens were denied due process and the right to vote.
2. Secretary Harris unlawfully certified the election results from 20 of Florida's 67 counties without requiring -- as mandated under Florida law for elections decided by one half of one percent or less -- that they conduct automatic machine recounts.
3. Secretary Harris unlawfully accepted and certified the results of hand recounts in six Florida counties that produced an additional 400 votes for George W. Bush while rejecting the results of hand recounts in other counties.
4. In Duval County, a pre-election purge of the voter rolls unlawfully removed 22,000 voters -- mostly African Americans -- who voted in the primary election in August but were denied the right to vote in November. Another 27,000 votes cast on election day were discarded, primarily in African-American sections of Jacksonville. This represented one-fourth of the votes in certain precincts. The Supervisor of Elections unlawfully withheld these facts from local Democrats until the deadline for requesting a recount had passed.
5. The county canvassing board in Lake County rejected all ballots in which the voter not only correctly penciled in his or her choice in the appropriate oval beside the candidate's name but also emphasized that choice by writing in the candidate's name, just below a line that carries the instruction "WRITE IN." This is a violation of the state of Florida's election law directing that ballots be counted where the clear intent of the voter is evident.
6. Investigations by news organizations in Miami-Dade County have uncovered several hundred ineligible persons, including Cuban citizens, who were permitted to vote on election day. These investigations of only a fraction of the Miami-Dade election districts suggest a total number of ineligible persons being allowed to vote numbering in the thousands. In addition, the methods used to secure and vote absentee ballots that were found by the Florida Supreme Court to be unlawful in 1998 were repeated in this election, resulting in an untold number of fraudulent ballots.
7. There is persuasive evidence in Broward County of the introduction of pre-punched ballots into certain precincts, the creation of false absentee ballots, and unlawful activities to suppress voter turnout including the purposeful assignment of non-working voting machines to precincts that have strong African-American populations.
8. Election supervisors in Seminole and Martin Counties have admitted to providing favorable treatment for Republican voters who requested absentee ballots that was denied to Democratic and independent voters. Republican election workers were permitted to correct incomplete absentee ballot requests, and those requests were honored even when the Republican election workers failed to correctly complete the forms.
9. The election supervisor in Okaloosa County directed that optical scanning machines be programmed not to reject erroneous ballots, resulting in an inflated number of uncounted ballots.
10. Examination by democrats.com of ballots in four other counties is producing evidence of post-election ballot tampering, intended to reduce the number of overvotes (Jackson County), a massively inflated number of overvotes in only the presidential race (Gadsden). We have also discovered, and continue to investigate, statistical anomalies in the election results (Liberty and Calhoun Counties).
This catalog is not intended to be complete or definitive; other allegations of improper procedure have been made, especially the many examples of possible discriminatory action aimed at African-Americans, set forth by the NAACP and other civil rights organizations.
- There at least could have been a debate and perhaps an investigation into the illegal actions of GOP operatives in Florida.