The court’s opinion was issued Dec. 12, the deadline in 2000. That ruling was appealed to the United States Supreme Court, and on December 9, SCOTUS ordered a stay of the recount order. The court’s opinion was issued Dec. 12, the deadline in 2000. The Supreme Court shut down Florida’s state-court-ordered recount because the safe harbor deadline was approaching. WASHINGTON (AP) — Happy Safe Harbor Day, America. Similarly, a state might submit a slate of electors that one or the other candidate deems wrong. A safe harbor law states that certain types of behavior are not considered violations as long as they fall under a given rule. By the end of the day, every state is expected to have made its election results official, awarding 306 electoral votes to Biden and 232 to Trump. “That’s why there was no remand to give Florida another chance at recounting.” Indeed, the very timing of the high court’s hasty resolution of the Bush v. Gore case seemed driven by the safe-harbor … The Supreme Court shut down Florida’s state-court-ordered recount because the safe harbor deadline was approaching. If, for example, a state legislature decided to send in its own slate, the law says the electors chosen by … For example, in the context of a statute that requires drivers to "not drive recklessly," a clause specifying that "driving under 25 miles per hour will be conclusively deemed not to constitute reckless Trump’s legal team publicly says the safe harbor deadline is meaningless and they’ll simply disregard it. Unfortunately, there was colossal fraud and as a result numerous cases are still in the courts. It was left to Gore, who presided over the count as president of the Senate, to gavel down the objections from his fellow Democrats. What exactly state and federal courts would have the power to do after the safe harbor deadline passes or after the Electoral College votes also isn’t clear, since it’s a largely untested area of federal election law. Any states which have settled legal disputes and have certified results are presumably free from further legal challenges. House Daily News: The December 8 'safe harbor' deadline is possible Electoral law From Debra Cassence Weiss 2020 September 25, 11 a.m. On the 16th CDT Delayed election results could lead to a constitutional crisis, which included the 1887 Electoral Count Act տարբեր various ratifications of votes. By the end of the day, every state is expected to have made its election results official, awarding 306 electoral votes to Biden and 232 to Trump. Those votes will elect Joe Biden as the country's next president. But lawmakers in Washington could theoretically second-guess the slate of electors from any state that misses the Dec. 8 deadline, Foley said. There’s a federal statute that means December 8 will function as what’s known as the “safe harbor” deadline. If any State shall have provided, by laws enacted prior to the day fixed for the appointment of the electors, for its final determination of any controversy or contest concerning the appointment of all or any of the electors of such State, by judicial or other methods or procedures, and such determination shall have been made at least six days before the time fixed for the meeting of the electors, such determination … In 2020, that date is Dec. 14. In 2020, that date is Dec. 14. Already one member of the House of Representatives, Rep. Mo Brooks, R-Ala., has said he will challenge electoral votes for Biden on Jan. 6. Today, Tuesday, Dec. 8, is the federally-mandated day most states will certify their 2020 presidential election results under the so-called “safe harbor deadline” (“so-called” because none of those words actually appear in the statute itself). Email us. The reality is that an endless loop of lawsuits theoretically has potential to help Donald Trump secure reelection. But unless both houses agreed to the objections, they would fail. What does this mean for the current election? The safe harbor date always falls six days before the Electoral College gathers to cast votes for president and vice president. The Supreme Court shut down Florida’s state-court-ordered recount because the safe harbor deadline was approaching. One of the problems, noted by the Court, was that the mechanism for recounting differed wildly from county to county. What that … Federal law says the Electoral College must vote on the Monday after the second Wednesday in December — this year, Dec. 14. The safe harbor deadline is six days earlier. Senator Marco Rubio (R-Fla.) introduced legislation last August to extend the federal safe harbor period until January 1, 2021 for this presidential election. In 2000, the Florida legislature contemplated doing this for Bush. Federal law (3 U.S. Code § 5 ... What if a state hasn’t resolved its disputes by the Dec. 8 “safe harbor” deadline? Most of his campaign's lawsuits in state courts challenging those Biden victories have been dismissed, with the exception of Wisconsin, where a hearing is scheduled for later this week. There’s a federal statute that means December 8 will function as what’s known as the “safe harbor” deadline. During the 2000 presidential election, Florida reported that George W. Bush had won the state by 1,784 votes. The Electoral College is a creation of the Constitution, but Congress sets the date for federal elections and, in the case of the presidency, determines when presidential electors gather in state capitals to vote. Happy Safe Harbor Day, America. On January 6, 2021, the House and Senate will meet to count the votes of the Electoral College. The safe harbor deadline is six days earlier. If any State shall have provided, by laws enacted prior to the day fixed for the appointment of the electors, for its final determination of any controversy or contest concerning the appointment of all or any of the electors of such State, by judicial or other methods or procedures, and such determination shall have been made at least six days before the time fixed for the meeting of the electors, such determination made pursuant to such law so existing on said day, and made at least six days prior to said time of meeting of the electors, shall be conclusive, and shall govern in the counting of the electoral votes as provided in the Constitution, and as hereinafter regulated, so far as the ascertainment of the electors appointed by such State is concerned. Both the five justices who voted to stop the recount and those dissenting on that remedy stressed the potential harm to the democratic process in their decisions. The “safe harbor” deadline is a major reason why things went as they did in the 2000 Bush v. Gore case. The day, Dec. 8, is known as the "safe harbor" deadline for states to certify their results, compelling Congress to accept those results. As a practical matter, this Missing the deadline won't deprive Wisconsin of its 10 electoral votes. The Supreme Court shut down Florida’s state-court-ordered recount because the safe harbor deadline was approaching. He has refused to concede, made unsupported claims of fraud and called on Republican lawmakers in key states to appoint electors who would vote for him even after those states have certified a Biden win. 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Listen now (81 min) | U.S. federal law’s “safe harbor deadline” means that most presidential election law cases will be resolved by tomorrow, December 8. The attention paid to the normally obscure safe harbor provision is a function of Trump's unrelenting efforts to challenge the legitimacy of the election. If that were to happen, both chambers would debate the objections and vote on whether to sustain them. On Tuesday, that small window for subversion officially closes. … Gore requested that recount in five counties. Other than Wisconsin, every state appears to have met a deadline in federal law that essentially means Congress has … An individual on FOX News says about today: Federal law (3 U.S.… Brooks would need to object in writing and be joined by at least one senator. Today is the “safe harbor day” and the Trump legal team has issued a statement on deadline that is very much in the news. Seven justices agreed that having a manual statewide recount would violate the equal protection rights of some voters; only five justices, though, agreed on what to do about it. The law sets two deadlines for states, report the Atlantic ... is the “safe harbor” deadline for states to choose electors that they can ensure will be accepted by Congress. It's called a safe harbor provision because it’s a kind of insurance policy by which a state can lock in its electoral votes by finishing up certification of the results and any state court legal challenges by a congressionally imposed deadline, which this year is Tuesday, Dec. 8. As such, safe harbor laws offer protection when people show "good faith" efforts. The two houses of Congress will cast separate votes on electors, and if there is a disagreement, Congress may defer to state governors to settle the matter. In 2020, that date is Dec. 14. But Trump's arguments have gone nowhere in court in Arizona, Georgia, Michigan, Nevada, Pennsylvania and Wisconsin. When Florida's electoral votes, decisive in Bush's victory, reached Congress, several Black House members protested, but no senators joined in. 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Like the others, the lawsuit does not appear to have much chance of succeeding, but because it was filed in accordance with state procedures for challenging election results, “it's looking to me like Wisconsin is going to miss the safe harbor deadline because of that,” said Edward Foley, a professor of election law at Ohio State University's Moritz School of Law. Biden electors still will meet in Madison on Monday to cast their votes and there's no reason to expect that Congress won't accept them. Theoretically, a state could submit two separate sets of electors—one of Biden electors and one of Trump electors. How to Watch Live Coverage of Murder Trial over Death of George Floyd. The safe harbor deadline is six days earlier. Given the tiny size of the margin (less than one percent), Florida law mandated an automatic machine recount; that recount later showed that Bush only prevailed by 327 votes – a situation that entitled Al Gore to a manual recount. The safe harbor provision played a prominent role in the Bush v. Gore case after the 2000 presidential election. Meeting the deadline is not mandatory but it provides assurance that a state’s results will not be second-guessed by Congress. The safe harbor deadline is six days earlier. Set by a 140-year-old statute, the date isn’t enshrined in the Constitution, they say. Define Safe Harbor Deadline. Follow Elura on Twitter @elurananos. By the end of the day, every state is expected to have made its election results official, awarding 306 electoral votes to Biden and 232 to Trump. The safe harbor deadline, however, is something of a guarantee. Judge Stephen Simanek, appointed to hear the case, has acknowledged that the case would push the state outside the electoral vote safe harbor. Occurring about a month after Election Day, December 8th is the deadline for final resolution of all election disputes, including court challenges. “The majority treated the safe harbor very seriously,” Ohio State University law professor Ned Foley said. In a statement, Rubio reasoned that the pandemic would increase mail-in voting and other logistical challenges and argued, “We should give states the flexibility to provide local election officials additional time to count each and every vote by moving the federal safe harbor deadline for states from December 8 to January 1. … [I] urge my colleagues to join me in giving states more time to collect, verify, and count votes without fear of having the results challenged in Congress.”, Have a tip we should know? Have a tip or story idea? As states continue to tally election results, and the president’s campaign team continues to file more lawsuits, Americans are wondering what effect litigation might have on the outcome of the presidential election. On December 3, 2020, Supreme Court Justice Samuel Alito set a deadline of December 8 (the safe-harbor date for 2020) for Pennsylvania officials to respond to a request to throw out the state’s mail-in voting results, or possibly the entire Pennsylvania election in Representative Mike Kelly 's … In essence, the justices had very similar concerns–but different thoughts on how to address them. https://t.co/A4wOfyP0yx, — Ross Garber (@rossgarber) November 5, 2020. 24/7 coverage of breaking news and live events. There’s some precedent for such a situation. [email protected], Elura is a columnist and trial analyst for Law & Crime. And Trump’s lawsuits may well cause delay and confusion that exacerbate the already problematic timeline for vote-count certainty. Other than Wisconsin, every state appears to have met a deadline in federal law that essentially means Congress has to accept the electoral votes that will be cast next week and sent to the Capitol for counting on Jan. 6. Other than Wisconsin, every state appears to have met the safe harbor deadline, which means Congress has to accept the electoral votes that will be cast next week and sent to the Capitol for counting on Jan. 6. In response, Congress passed a law on January 29, 1877, which formed a temporary, bipartisan “Electoral Commission” to settle the election results, which consisted of five members of the House, five of the Senate, and five Supreme Court justices. In 2020, that date is Dec. 14.