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pat_k

(10,879 posts)
26. Not happening. Courts will slap them down, biggly.
Thu Sep 19, 2024, 10:17 AM
Sep 19

County canvas certification is a mandatory first step.

It is NOT up to election officials to resolve disputes. It is only their duty to count the ballots in accord with the rules to the best of their ability, document every step in accord with the rules, and certify that they have done this.

Then, and only then, when there is a crystal clear record of what was, or was not counted, can a would be challenger raise issues. If a challenger believes votes were counted that shouldn't have been, or that votes weren't counted that should have been, they take the challenge to court. But you can't do that until you have certification of what was or wasn't counted in the first place.

Resolving disputes and challenges is for the courts, after the counties certify their canvas.

I have absolutely no doubt that courts will slap these people down so fast they won't know what hit them. They are attempting to usurp the role of courts in elections, and courts, however conservative, don't take kindly to such things.

States set the date for counties to certify the results early enough to allow a period of time for any recounts or challenges to be resolved before the final Certification of Ascertainment declaring the truly final official results for the state. The deadline for the Certificate of Ascertainment is December 11, six days before the electors meet and cast their vote based on the results on December 17.

The timelines are pretty tight, but courts move very fast on challenges and counties know how to complete recounts within the time allotted.

Even if a challenge was running up against the December 11 and December 17 deadlines, those could actually be shifted. If a court absolutely needed more time to resolve a challenge it would be within its power to delay. While deadlines in the law are to be treated solemnly, a court can choose to balance the importance of an accurate result against the importance of meeting an arbitrary deadline. The dates are arbitrary because they were originally set to provide time for the certificate to be conveyed to the meeting and for the electoral votes from the meeting to be conveyed to Washington by December 25. In our modern world, we don't actually need that much time. It is really only the final date that is inviolate (barring an act of Congress). If accuracy demands a few more days, I don't think there is anything that would stop a court from moving the date for the Certification of Ascertainment to be issued to 12/20 and the date for the meeting of electors to 12/21. That would still leave plenty of time to get the electoral votes to Congress by 12/25.

When we know Harris wins and Republicans install Trump..... OAITW r.2.0 Sep 18 #1
I sure don't have confidence in the SC protecting our Democracy JohnSJ Sep 18 #2
Just no because if you break the deal you face the wheel TheKentuckian Sep 18 #3
We came very close to losing our democracy on January 6th, and the republicans in the house are even worse now than they JohnSJ Sep 18 #4
It'll be the NEXT House of Repesentatives that is sworn in the beginning of January 2025 so we have to make sure Jmb 4 Harris-Walz Sep 18 #5
You missed the point... Think. Again. Sep 18 #7
January 3rd is when the newly elected House and Senate are supposed to be in place. What happens if they aren't? JohnSJ Sep 18 #8
I suspect the lawsuits and other chaos will be started right after the elections on November 5... Think. Again. Sep 18 #11
I think any lawsuits started by Trump or his campaign will be for Trump only, not any down ballot candidates. CrispyQ Sep 19 #32
I don't think trump would miss the opportunity... Think. Again. Sep 19 #34
Have you read the CREW report? Fiendish Thingy Sep 18 #19
Wonderful stuff!, very comforting... Think. Again. Sep 19 #20
How should civilians prepare to fight back against something that won't happen? Fiendish Thingy Sep 19 #21
I guess you and I will just have to wait and see... Think. Again. Sep 19 #22
I agree Trump will be "absolutely awful" and will try just about anything Fiendish Thingy Sep 19 #23
Yes JohnSJ Sep 18 #9
I think we should all start thinking about... Think. Again. Sep 18 #6
A massive general strike is never going to happen. Not in today's America. CrispyQ Sep 19 #36
It might turn out to be our only option. Think. Again. Sep 19 #38
Let's hope not cuz IMO things will have to be seriously grim before that happens. -nt CrispyQ Sep 19 #39
Yes, having trump succeeding in getting back the White House... Think. Again. Sep 19 #40
My question is USAFRetired_Liberal Sep 18 #10
Causing confusion and chaos is the rightwing plan... Think. Again. Sep 18 #12
See my reply #17 below Fiendish Thingy Sep 18 #18
Their efforts to cause chaos and confusion... Think. Again. Sep 19 #41
They caused chaos and confusion in 2020, and still lost Fiendish Thingy Sep 19 #43
Yes, and Ted Bundy once failed one of his earliest murder attempts. Think. Again. Sep 19 #44
Bundy had a better track record of "success" than Trump has. nt Fiendish Thingy Sep 19 #48
Thanks' USAFRetired_Liberal Sep 19 #47
Certifying an election is a legal requirement. lees1975 Sep 18 #13
Until the SCOTUS says it's ok Diraven Sep 18 #14
SCOTUS can't. Election law is state law. Law is already written and has been enforced. lees1975 Sep 19 #33
No one is going to seriously consider seceding. Period. onenote Sep 18 #15
if trickery... myohmy2 Sep 18 #16
Good lord, this is at least the third thread fretting about this false notion on the first page of latest threads Fiendish Thingy Sep 18 #17
I suspect one of the first challenges... Think. Again. Sep 19 #24
That is a HUGE "if". Fiendish Thingy Sep 19 #25
I think that's the crux if the whole thing... Think. Again. Sep 19 #27
So, as I said before: Fiendish Thingy Sep 19 #42
What if a rightwing Governor decides to not do that? Think. Again. Sep 19 #45
NV and GA are the only swing states with a GOP governor Fiendish Thingy Sep 19 #49
I'll rephrase the question... Think. Again. Sep 19 #53
OK, what if? Fiendish Thingy Sep 19 #55
Here's my hypothetical... Think. Again. Sep 19 #57
Unserious response Fiendish Thingy Sep 19 #58
Ha! you probably would have said the same thing if 4 years ago I wrote... Think. Again. Sep 19 #59
January 6 is far more believable than your original scenario Fiendish Thingy Sep 19 #60
I guess we'll see if trump does yet another... Think. Again. Sep 20 #61
He already is, as his desperation grows Fiendish Thingy Sep 20 #64
Not happening. Courts will slap them down, biggly. pat_k Sep 19 #26
You seem to be willing to trust rightwing courts more than I do. Think. Again. Sep 19 #29
Where someone is trying to usurp their power, yes. pat_k Sep 19 #31
In 2022, Arizona's courts slapped down two county supervisors who failed to certify by the deadline. lees1975 Sep 19 #35
Yep, they'll be trying all of that too. Think. Again. Sep 19 #37
also - Biden is now immune as President and can do whatever he wants samsingh Sep 19 #28
The new Congress snowybirdie Sep 19 #30
How could a new Congress be sworn in... Think. Again. Sep 19 #46
Congress is not the body being certified snowybirdie Sep 19 #50
When a state certifies (or doesn't certify) it's votes... Think. Again. Sep 19 #54
All I know snowybirdie Sep 19 #56
By then, hopefully, the Dems will be the majority in the House. OLDMDDEM Sep 19 #51
YES!!! JohnSJ Sep 19 #52
You have very little faith in Biden handling the situation. Kaleva Sep 20 #62
I have confidence in Harris' and our Democratic leaders.. Not willing to entertain this paranoia. Chakaconcarne Sep 20 #63
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