In his dissent, Justice Stephen Breyer said the deadline that really mattered was the day on which the Electoral College was scheduled to meet. It doesn’t mean that Congress will reject the votes. The safe harbor provision played a prominent role in the Bush v. Gore case after the 2000 presidential election. By MARK SHERMAN, Associated Press December 8, 2020 at 8:21 am. The attention paid to the normally obscure safe harbor provision is a function of Trump’s unrelenting efforts to challenge the legitimacy of the election. Like the others, the lawsuit does not appear to have much chance of succeeding, but because it was filed in accordance with state law procedures for challenging election results, “it’s looking to me like Wisconsin is going to miss the safe harbor deadline because of that,” said Edward Foley, a professor of election law at Ohio State University’s Moritz School of Law. The Supreme Court shut down Florida’s state-court-ordered recount because the safe-harbor deadline was approaching. It seems like every state has certified. I mean, it’s a denial of reality that’s very dangerous. He has refused to concede, made unsupported claims of fraud and called on Republican lawmakers in key states to appoint electors who would vote for him even after those states have certified a Biden win. Are there states that are at risk of not meeting safe harbor? Dec. 8 is known as the "safe harbor" deadline for states to certify their results. According to unnamed sources … Sample 1 Sample 2 There’s no danger of that not happening. A third stimulus check may be coming. Other than Wisconsin, every state appears to have met a deadline in federal law that essentially means Congress has to … Election et pandémie : de l’incapacité d’un Président ou d’un candidat à la Maison Blanche Par Cécile Guérin-Bargues La récente maladie du Président Trump, intervenue dans un contexte de pandémie, incite à s’interroger sur la manière dont le droit se saisit aux Etats-Unis de la nécessité de garantir la continuité de l’Etat et celle de la campagne électorale. Happy Safe Harbor Day, America. But I think it does mean that there will not be a final determination of that controversy or contest concerning the appointment of electors until after 8 December. Those votes will elect Joe Biden as the country’s next president. Because if Congress obeys its own promise, then it’s a done deal. Those challenges are unlikely to be successful because a majority of both houses would have to agree to the challenge. It was left to Gore, who presided over the count as president of the Senate, to gavel down the objections from his fellow Democrats. And that opens the door for Congress to second-guess the electoral votes that Wisconsin is sending? Since 1887, federal law has contained what the Supreme Court has described as a “safe harbor” provision, which provides that the results of any state legal procedure for resolving disputes over the allocation of electors—judicial or In the contentious 2000 presidential election, the law's timing provisions did play a role in court decisions, such as Bush v. Gore. (The Center Square) – Lawsuits remain ongoing in several states alleging election irregularities and fraud, and improperly followed state and federal procedures, which could impact how and when Electoral College votes are cast on Dec. 14. President-elect Joe Biden speaks about jobs at The Queen theater in Wilmington, Del., on Dec. 4, 2020. We may not be so … If states have resolved disputes, their electoral votes now qualify as ‘conclusive’ – but Republicans could still shake voter confidence, Last modified on Thu 21 Jan 2021 03.18 GMT. The safe harbor deadline is six days earlier. Share . Missing the deadline won’t deprive Wisconsin of its 10 electoral votes. … Most of his campaign’s lawsuits in state courts challenging those Biden victories have been dismissed, with the exception of Wisconsin, where a hearing is scheduled for later this week. The safe harbor provision played a prominent role in the Bush v. Gore case after the 2000 presidential election. Under the election, you must apply the de minimis safe harbor to all expenditures meeting the criteria for the election in the taxable year. For significant numbers of members of Congress, going on the record, if that’s what happens, in defiance of that reality, that will be really dangerous for the operation of competitive elections. By the end of the day, every state is expected to have made its election results official, awarding 306 electoral votes to Biden and 232 to President Donald Trump. I totally get the realism there. As Law&Crime has previously reported, and as Kelly’s arguments point out, federal election law sets a so-called “safe harbor” deadline which requires controversies “concerning the appointment of all or any of the electors . The statute says that as long as states use existing state law to resolve disputes about electors by the deadline, the votes cast by those electors will be “conclusive”. But if it doesn’t have safe harbor status, then I think it opens it up, as you said, to congressional second-guessing, in a way that safe harbor status shouldn’t. With Deshaun Watson not a realistic target, they must consider all options. Yes. It’s called a safe harbor provision because it’s a kind of insurance policy by which a state can insulate its electoral votes against challenges in Congress by finishing up certification of the results and any state court legal challenges by the deadline, which this year is Tuesday. This year, 8 December is the so-called “safe harbor” deadline, which federal law says must fall six days before electors meet across the country to cast their votes for president. As of tomorrow, under U.S. law, the 2020 presidential election is really over, under something called the “safe harbor deadline,” Mike Kelly’s suit, and more. It’s called a safe harbor provision because it’s a kind of insurance policy by which a state can lock in its electoral votes by finishing up certification of … The safe harbor provision played a prominent role in the Bush v. Gore case after the 2000 presidential election. 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