Tuesday, December 30, 2008

Electoral College Update

I checked the Official U.S. Electoral College website today to get an idea of the votes that have come in to date. I was prompted to do this after entertaining the following questions on my blog wall from Lisa Karres [as edited].

Here are a few questions for you . . .

Currently, Obama only has received 170 electoral votes. The deadline for submitting the votes was last week. Congress will meet on January 8th. Can Congress over-ride the Delegates if they did not give Obama his minimum required of 270?

I am told this is the first time in history that many Delegates did NOT report in or submit their votes by the deadline. I have been told that Indiana ALL voted "Present" and cast zero votes. Can SCOTUS over-ride the delegates and just make Obama POTUS?

Some say that no one has a right to file a lawsuit until on or after Janaury 8th that is why SCOTUS refused Leo and Cort's cases. Some say SCOTUS planned a strategy assigning Phil Berg's case to January 9th when he does have standing. I believe that the longer SCOTUS waits the more damage will be done.

For example, companies are creating collector coins, stamps and plates. The numerous Inaugural Balls are still being planned. People are donating to these Balls and purchasing flights and hotel reservations, etc. The more time and money spent, the more his supporters are getting comfortable with the idea of him being POTUS. Wouldn't it have been better to nip this back in mid November before so many people invested so much?

If SCOTUS is worried about riots, it is almost like they created that scenario. Surely Obama and his staff know what might happen to them. I heard that it is possible that his entire election and presidential staff could all be brought up on fraud charges. Wouldn't he be responsible for paying back millions of dollars in campaign donations? If it is found he is an illegal alien, would they deport him and if so, to where? Indonesia? Kenya? Just some thoughts. Would love to hear your responses. Thank You - Lisa Karres

My reply was as follows:

archives.gov/federal-register/electoral-college/

Link above. So far only 24 states are represented but it looks like all of Indiana's votes went for Obama/Biden. Congress cannot override the electoral college. It takes 270 votes to win and they are not officially counted until January 8th.

What happens if no presidential candidate gets 270 electoral votes?

If no candidate receives a majority of electoral votes, the House of Representatives elects the President from the 3 Presidential candidates who received the most electoral votes. Each State delegation has one vote. The Senate would elect the Vice President from the 2 Vice Presidential candidates with the most electoral votes. Each Senator would cast one vote for Vice President. If the House of Representatives fails to elect a President by Inauguration Day, the Vice-President Elect serves as acting President until the deadlock is resolved in the House.

Date of Counting and Certifying the Electoral Votes

Public Law 110-430 changed the date of the electoral vote in Congress in 2009 from January 6 to January 8. This date change is effective only for the 2008 presidential election.

Timeline

After the general election, the Governor of each State prepares seven original Certificates of Ascertainment listing the persons appointed as electors, and sends one original and two certified copies to the Federal Register.

  • On December 15, 2008, the electors meet in their State to select the President and Vice President of the United States. The electors sign, seal and certify packages of electoral votes and immediately send one set of votes to the President of the Senate (Richard B. Cheney) and two sets to the Archivist.

  • December 24, 2008 is the deadline for receipt of electoral votes at NARA.
    The Archivist transmits copies of the Certificates of Ascertainment to Congress by January 3, 2009.
Certificates of Vote

According to NARA, the deadline for receipt of electoral votes is December 24th as stated above. As stated below, the certificates are posted online as soon as they are received. So far, the results of only 24 states are posted. You may click on each State below to see how the votes were cast.
  • What is a Certificate of Vote? - Certificates of Vote are the documents that contain the elector's votes for president and vice president. While Federal law does not govern the general appearance of the Certificates, they must contain two distinct lists – one for President and one for Vice President.

View Certificates of Vote from the 2008 Presidential Election:


Alabama
Arizona
Colorado
Delaware
Georgia
Illinois
Indiana
Kentucky
Maine
Michigan
Mississippi
New Hampshire
New York
North Carolina
Ohio
Oklahoma
Pennsylvania
Rhode Island
South Carolina
Tennessee
Vermont
Washington
West Virginia
Wisconsin


Hope Renewed

Those who are aware that only 24 States have reported are beginning to get a sense of renewed hope that perhaps the electors have done the right thing by contesting Barack Obama’s natural born status. Some are even saying that Sarah Palin still has a shot at being VP, or as one person has stated, perhaps even POTUS.

There are however a couple of hurdles. First of all the official count will not take place until January 8th. So we don’t really know whether only 24 States have participated in the vote. Results can be filed late without penalty.

Secondly, in the event no candidate received the required 270 votes, the matter of who will be President and Vice President will be in the hands of a Democratic controlled Congress and Senate. As quoted in my reply, above:

If no candidate receives a majority of electoral votes, the House of Representatives elects the President from the 3 Presidential candidates who received the most electoral votes. Each State delegation has one vote. The Senate would elect the Vice President from the 2 Vice Presidential candidates with the most electoral votes. Each Senator would cast one vote for Vice President. If the House of Representatives fails to elect a President by Inauguration Day, the Vice-President Elect serves as acting President until the deadlock is resolved in the House.


Conclusion

While I am enlightened by all of this, I have resolved to not become complacent. I will continue to hold my Congressman, and both Senator’s feet to the fire. I need for them to provide an adequate, well researched, and thorough reply to the correspondence I have sent regarding Obama’s inability to qualify as a natural born citizen under Article 2, Section 1 of the Constitution. I need an answer to my question of ‘whether or not they intend to object on January 8th’. I cannot be more serious than I am today about turning my back, forever, on those who dare to ignore such a grossly obvious constitutional breach.

Source: Office of the Federal Register, U.S. National Archives and Records Administration – Click Here