To: kellymcneill
The “Safe Harbor” Deadline – The U.S. Code (3 U.S.C. §5) provides that if election results are contested in any state, and if the state, prior to election day, has enacted procedures to settle controversies or contests over electors and electoral votes, and if these procedures have been applied, and the results have been determined six days before the electors’ meetings, then these results are considered to be conclusive, and will apply in the counting of the electoral votes.
For Pete's sake. Translating it simply means... There is a 6 day lock/protection AGAINST the introduction of NEW controversies or contesting of EC electors that have not already been remedied and procedures applied(satisfied by legal remedy).
And if so, then the EC delegate ascertainment by the Governor is conclusive and the delegates verified will apply to the EC count on Dec 14.
But if litigation is in-process and NO legal remedy has been applied by the Safe-Harbor day, the 8th... then the day becomes mute and the litigation continues because the safe-harbor provisions have not been met.
Alito definitely played his hand well. To impose a December 9th deadline automatically forces the 8th to become mute so the litigation can continue.
36 posted on
12/04/2020 6:47:18 PM PST by
Bellagio
To: Bellagio
Thanks for clarifying
Was reading other replies last night, saying Alito punted
43 posted on
12/04/2020 6:59:29 PM PST by
rainee
(Release the Kraken!)
To: Bellagio
But if litigation is in-process and NO legal remedy has been applied by the Safe-Harbor day, the 8th... then the day becomes mute and the litigation continues because the safe-harbor provisions have not been met.
That's not what the court said in Bush v. Gore.
In 2000 The Supreme Court said Gore could have his recount, but they needed to recount all the ballots in a similar method so they remanded back to the State Supreme Court for rules. But even though Gore still had cases and the recount was still technically permissible FL had transmitted their results to the archives and safe harbor kicked in.
Gore didn't so much as lose in court, he ran out of time.
Trump is about to run out of time. Alito basically guaranteed it.
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