[JoeV1]

Thanks for the explanation.

You said "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 electoral votes and is elected President of the United States.<\b>

So even if a recount determined that Kerry won, you say the Congress would still accept the original elctoral vote from Ohio?

[dvwjr]

Correct. When there is a disputed set of electoral votes (or multiple sets) the Congress goes through their routine. If one Representative and one Senator agree that a particular State's electoral college votes are 'not regularly given' or in dispute, the two Houses immediately go to their respective chambers and vote on which set of electoral votes to accept. If both Houses agree to the same set of electoral votes, then those votes are accepted. If there is disagreement between the Houses of Congress on the status of a multiple set of electors from a State, then the set of electoral votes endorsed by the Governor of the State are those selected.

A State or Federal Court cannot require the Legislature of a State to send another slate of electors, they may be able to force a Secretary of State to supply the forms for another slate of electoral college votes, but if that slate did not vote on December 13th then its legitimacy may be suspect. There is NO way that a Governor may be FORCED to affix his signature upon any Court ordered slate of electors votes, so in the case of Ohio in 2004, the Bush slate will win no matter what happens in the Courts or Congress.

Hope this helps,

dvwjr