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To: dvwjr
Thanks for clearing that up.

So this recount effort is all for nothing? Do I understand you correctly that even if the recount finds enough votes to give Kerry the victory it must go to the Congress for a vote before he would actually be declared the winner?
46 posted on 12/12/2004 9:57:31 AM PST by JoeV1 (The Democrats-The unlawful and corrupt leading the uneducated and blind)
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To: JoeV1
You are correct. The recount is for nothing, except to satisfy those minor third-party and 'bitterenders' who want the counting to go on and on and on...

The Ohio Legislature, as do all of the other States in the Union uses the popular vote of the People of the State to allocate its 20 Electoral College votes. The Ohio Legislature determined that it would assign ALL of its alloted Federal Electoral College votes to the winner of the Federal general election held in November of this year. The popular vote totals were certified by the Ohio Secretary of State, Mr. Blackwell and the Bush slate of 20 Ohio Electoral votes for President Bush was chosen and will be voted tommorrow in Columbus, Ohio on Monday December 13th. The Governor of the State of Ohio will authenticate both the Certificates of Ascertainment and Certificates of Votes with his signature and the State Seal. These documents and their certified copies will then be transmitted to the multiple appropriate authorities in Washington, D.C as required by Fedral statute.

Given the problems with the presidential election of 1876 between the winner Hayes(R) and Tilden(D) Federal Statues were enacted which ensured that there would be no contesting of a States electoral votes transmitted to the Federal Capitol if said electors were determined six days prior to their meeting in their State capitol to vote in the Electoral College. This is the so-called 'safe-harbor' provision adopted by the 45th Congress still holds sway today. All Congresses since the 45th are still bound to honor this law, so the Bush slate of electors votes transmitted must be accepted by the 109th Congress in January 2005.

Now if the recount would somehow change the popular vote result, or the Ohio Supreme Court would somehow order that ANOTHER slate of Kerry electors would be sent to the Federal capitol then the 109th Congress would deal with the possible two slates of Ohio electors. The bottom line - the Bush slate would be counted and Bush is determined to have a majority of the elctoral votes and is elected President of the United States.

Here is a source with all the technical details:

Source: 4President.org

Hope this helps,

dvwjr

49 posted on 12/12/2004 10:53:04 AM PST by dvwjr
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