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You Want to Know: Electoral College Votes...

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    Posted: October 31 2008 at 10:25am



Our Beautiful Seal
...............................
My Gram did one in Crewelwork.


Image:USSeal.png


Ist of all, Know what is ...

Our form of Government.
.......................................

[It is] not a simple representative democracy, but a

Constitutional Republic
..................................................
in which majority rule

is tempered by minority rights
protected by law."

(Scheb, John M. An Introduction to the American Legal System. Thomson Delmar Learning 2001. p. 6)
from Wikipedia


Knowing that we can proceed to-
.............................................................

Key Electoral College Dates and Events

..................................................................

View all the 2008 Presidential Election Key Dates

  • November 4, 2008 - General Election:
    The voters in each State choose electors to serve in the Electoral College. As soon as election results are final, the States prepare seven original "Certificates of Ascertainment" of the electors chosen, and send one original along with two certified copies to the Archivist of the United States at the Office of the Federal Register.

  • December 15, 2008 - Meeting of Electors:
    The electors in each State meet to select the President and Vice President of the United States. The electors record their votes on six "Certificates of Vote," which are paired with the six remaining original "Certificates of Ascertainment." The electors sign, seal and certify the packages of electoral votes and immediately send them to the Federal and State officials listed in these instructions.

  • December 24, 2008 - Deadline for Receipt of Electoral Votes:
    The President of the Senate, the Archivist of the United States, and other designated Federal and State officials must have the electoral votes in hand.

  • January 6, 2009 - Counting Electoral Votes in Congress:
    The Congress meets in joint session to count the electoral votes (unless Congress passes a law to change the date).

Electoral College Instructions

1.   Appoint Electors
The United States Constitution and Federal law do not prescribe the method of appointment other than requiring that electors must be appointed on the Tuesday after the first Monday in November (November 4, 2008). In most States, the political parties nominate slates of electors at State conventions or central committee meetings. Then the citizens of each State appoint the electors by popular vote in the state-wide general election. However, State laws on the appointment of electors may vary.

Under the Constitution, State legislatures have broad powers to direct the process for selecting electors, with one exception regarding the qualifications of electors. Article II, section 1, clause 2 provides that "no Senator, Representative, or Person holding an Office of Trust or Profit under the United States" may be appointed as an elector. It is not settled as to whether this restriction extends to all Federal officials regardless of their level of authority or the capacity in which they serve, but we advise the States that the restriction could disqualify any person who holds a Federal government job from serving as an elector.


2.   Prepare the Certificate of Ascertainment
After the general election, the Governor of each State prepares seven original Certificates of Ascertainment listing the persons appointed as electors. Federal law does not govern the general appearance of the Certificate of Ascertainment. The format conforms to the law or custom of the submitting State. Federal law requires that the Certificates of Ascertainment be prepared and authenticated in the following manner:

  • Each Certificate must list the names of the electors chosen by the voters and the number of votes received.
  • Each Certificate must list the names of all other candidates for elector and the number of votes received.
  • Each Certificate must be signed by the Governor and carry the seal of the State.

3.   Distribute the Certificate of Ascertainment
One of the seven original Certificates of Ascertainment, along with two certified copies (or two additional originals) must be sent by registered mail to:

Allen Weinstein
Archivist of the United States
National Archives and Records Administration
c/o Office of the Federal Register (NF)
8601 Adelphi Road
College Park, MD 20740-6001

The original Certificate and two certified copies (or duplicate originals) should be sent to the Archivist as soon as possible after the November 4 election results are finalized. At the very latest, they must be received by the electors on the statutory deadline of December 15, 2008 and submitted to the Archivist no later than December 16, 2008.

The Legal Staff of the Office of the Federal Register will examine the Certificates for legal sufficiency and send the certified copies or duplicate originals to the U.S. House and Senate. The other six originals must be retained by the State for the meeting of the State's electors on December 15, 2008. Those six originals will be attached to the Certificates of Vote executed at the Electoral College meeting.


4.   Hold the Meeting of Electors
On the first Monday after the second Wednesday in December (December 15, 2008), the electors meet in their respective States. Federal law does not permit the States to choose an alternate date for the meeting of electors - it must be held on December 15, 2008. The State legislature may designate where in the State the meeting will take place, usually in the State capital. At this meeting, the electors cast their votes for President and Vice President.

If any electors are unable to carry out their duties on the day of the Electoral College meeting, the laws of each State would govern the method for filling vacancies. Any controversy or contest concerning the appointment of electors must be decided under State law at least six days prior to the meeting of the electors.

There is no Constitutional provision or Federal law requiring electors to vote in accordance with the popular vote in their States. Some States have such requirements.


5.   Prepare the Certificate of Vote
Federal law does not govern the general appearance of the Certificate of Vote. The format is determined under the law or custom of the submitting State. The electors must execute six Certificates of Vote. Federal law requires that the Certificates be prepared and authenticated in the following manner:

  • The Certificates of Vote must contain two distinct lists, one for President and one for Vice President.
    • The Certificates must list all persons who received electoral votes for President and the number of electors who voted for each person.
    • The Certificates must list all persons who received votes for Vice President and the number of electors who voted for each person.
    • The Certificates do not contain the names of persons who did not receive electoral votes.
  • Each of the six Certificates of Vote must be signed by all of the electors.
  • One of the six Certificates of Ascertainment provided to the electors by the Governor must be attached to each of the six Certificates of Vote.
  • Finally, each of the six pairs of Certificates must be sealed and certified by the electors as containing the list of electoral votes of that State for President and Vice President.

6.   Distribute the Paired Certificates of Vote and Certificates of Ascertainment
The six pairs of Certificates must be sent to the designated Federal and State officials as follows:

  • One is sent by registered mail to:

    The Honorable Richard B. Cheney
    President of the United States Senate
    The Capitol
    Washington, DC 20510

  • Two are sent by registered mail to:

    Allen Weinstein
    Archivist of the United States
    National Archives and Records Administration
    c/o Office of the Federal Register (NF)
    8601 Adelphi Road
    College Park, MD 20740-6001

  • Two are sent to:

    The Secretary of State of each State.
    • One of these is held subject to the order of the President of the United States Senate or the Archivist of the United States in case the electoral votes fail to reach the Senate or the Archivist.
    • The other one is to be preserved by the Secretary of State for public inspection for one year.

  • One is sent to:

    The Chief Judge of the Federal District Court located where the electors meet.
    • It is held subject to the order of the President of the United States Senate or the Archivist of the United States in case the electoral votes fail to reach the Senate or the Archivist.

The statutory deadline for the designated Federal and State officials to receive the electoral votes is December 24, 2008. Because of the very short time between the meetings of the electors in the States on December 15 and the December 24 statutory deadline, followed closely by the counting of electoral votes in Congress on January 6, 2009, it is imperative that the Certificates be mailed as soon as possible.

We strongly recommend that the sealed pairs of Certificates be taken to the Post Office on December 15, or no later than the morning of December 16, to minimize delays that could occur during the holiday mail season. Some States may find it useful to alert their local Postmaster to the extraordinarily important nature of the mailing. When the paired Certificates of Vote and Certificates of Ascertainment have been delivered to the designated Federal and State officials, the States' Electoral College duties are complete.

Prior to the election this year, the Legal Staff of the Office of the Federal Register will telephone Secretaries of State and other election officials to establish contact with the States and assure the smooth operation of the Electoral College process.


Contacts

For more information on the Electoral College and the election responsibilities of the States and the Archivist of the United States, contact the Office of the Federal Register:

Telephone:   202-741-6030
E-mail:   electoral_college@nara.gov








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Or we can just cut it down to this......


How Can Something odd happen?  

Like the Winner for Pres. isn't the one who got the popular vote?

As in Al Gore...




November 4, 2008

General Election
Registered voters in each State and the District of Columbia vote for President and Vice President. They cast their vote by selecting a pair of candidates listed on a single Presidential/Vice Presidential ticket. By doing so, they also choose slates of Electors to serve in the Electoral College. Forty-eight of the fifty States and the District of Columbia are "winner-take-all" (ME and NE are the exceptions).


December 15, 2008

Meetings of Electors and Transmission of Certificates of Vote to NARA
The electors meet in their State to select the President and Vice President of the United States.


No Constitutional provision or Federal law requires electors to vote in accordance with the popular vote in their States.



NARA's web site lists the States that have laws to bind electors to candidates.


The electors record their votes on six "Certificates of Vote," which are paired with the six remaining Certificates of Ascertainment. The electors sign, seal and certify packages of electoral votes and immediately send one set of votes to the President of the Senate and two sets to the Archivist. The Federal Register preserves one archival set and holds the reserve set subject to the call of the President of the Senate to replace missing or incomplete electoral votes.

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On Electoral College Electors
....................................................


These excerpts are taken from-

http://www.archives.gov/federal-register/electoral-college/2000/members.html

http://www.cnn.com/interactive/allpolitics/0012/electors/print.html




The electors' names may or may not appear on the ballot below the name of the candidates running for president, depending on the procedure in each state.

The process for selecting electors varies throughout the United States. Generally, the political parties nominate electors at their state party conventions or by a vote of the party's central committee in each state.

No Constitutional provision or federal law requires an elector to vote for the candidate who won the popular vote in his or her state.


 Some State laws provide that so-called "faithless electors" may be subject to fines or may be disqualified for casting an invalid vote and be replaced by a substitute elector

 to the NARA Web site: "The Supreme Court has held that the Constitution does not require that electors be completely free to act as they choose and therefore, political parties may extract pledges from electors to vote for the parties' nominees.

In the following states, electors pledge to political parties (these pledges are required under state law): AL, AK, FL, MA, MS, WA

 It is unclear, however, whether any state laws or party pledges that bind electors are enforceable.
..................................................

If you hunger for more-

http://www.archives.gov/federal-register/electoral-college/2000/members.html

http://www.cnn.com/interactive/allpolitics/0012/electors/print.html



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What Everyone Should Know...

Image:Joao%20sem%20terra%20assina%20carta%20Magna.jpg

John of England signs Magna Carta. Illustration from Cassell's History of England (1902)


By 1215, some of the most important barons in England had had enough, and they entered London in force on 10 June 1215,[1] with the city showing its sympathy with their cause by opening its gates to them.


They, and many of the moderates not in overt rebellion, forced King John to agree to the "Articles of the Barons", to which his Great Seal was attached in the meadow at Runnymede on 15 June 1215. In return, the barons renewed their oaths of fealty to King John on 19 June 1215.


A formal document to record the agreement was created by the royal chancery on 15 July: this was the original Magna Carta.


An unknown number of copies of it were sent out to officials, such as royal sheriffs and bishops.


Rights still in force today

For modern times, the most enduring legacy of Magna Carta is considered the right of habeas corpus.

This right arises from what are now known as clauses 36, 38, 39, and 40 of the 1215 Magna Carta.


The right to petition for a writ of habeas corpus has long been celebrated as the most efficient safeguard of the liberty of the subject.


Albert Venn Dicey wrote that the Habeas Corpus Acts "declare no principle and define no

rights, but they are for practical purposes worth a hundred constitutional articles guaranteeing individual liberty."


 In most countries, however, the procedure of habeas corpus can be suspended in time of national emergency.


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Vote Here Jumping%20cones%202%20-%20Click%20image%20to%20download.


Constitutional Republics (that's us) are a deliberate attempt to diminish the threat of mobocracy

thereby protecting dissenting individuals and minority groups from the tyranny of the

majority
by placing theoretical checks on the power of the majority of the population.[1]


The power of the majority of the people is checked by limiting that power to electing

representatives who theoretically are required to govern within limits of overarching

constitutional law rather than the popular vote
having legislative power itself (even

though such representatives are elected by said majority, creating a definitive conflicted interest).

wikipedia
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