{news} Fw: [usgp-media] Conyers to challenge election...one Senator needed (800 numbers to call)

[Tom Sevigny]

----- Original Message ----- 
From: "Nancy Allen" <nallen at acadia.net>
To: <natlcomaffairs at green.gpus.org>
Cc: <usgp-media at gp-us.org>
Sent: Thursday, December 30, 2004 4:49 PM
Subject: [usgp-media] Conyers to challenge election...one Senator needed
(800 numbers to call)


Numbers to call Senators - especially Senator Robert Byrd
1-800-839-5276
1-877-762-8762


Letter from Congressman Conyers to US Senators
Calling for Congressional Debate on 2004 Elections
December 30, 2004
Dear Senator Boxer (sent to all US Senators),
             As you know, on January 6, 2005, at 1:00 P.M, the electoral
votes for the election of the president are to be opened and counted in a
joint session of Congress, commencing at 1:00 P.M.  I and a number of House
Members are planning to object to the counting of the Ohio votes, due to
numerous unexplained irregularities in the Ohio presidential vote, many of
which appear to violate both federal and state law.  I am hoping that you
will consider joining us in this important effort to debate and highlight
the problems in Ohio which disenfranchised innumerable voters.  I will
shortly forward you a draft report itemizing and analyzing the many
irregularities we have come across as part of our hearings and investigation
into the Ohio presidential election.
             3 U.S.C. §15 provides when the results from each of the states
are announced, that "the President of the Senate shall call for objections,
if any." Any objection must be presented in writing and "signed by at least
one Senator and one Member of the House of Representatives before the same
shall be received."1.  The objection must "state clearly and concisely, and
without argument, the ground thereof."2  When an objection has been properly
made in writing and endorsed by a member of each body the Senate withdraws
from the House chamber, and each body meets separately to consider the
objection.  "No votes . . . from any other State shall be acted upon until
the [pending] objection . . . [is] finally disposed of."3  3 U.S.C. §17
limits debate on the objections in each body to two hours, during which time
no member may speak more than once and not for more than five minutes.  Both
the Senate and the House must separately agree to the objection; otherwise,
the challenged vote or votes are counted.4
             Historically, there appears to be three general grounds for
objecting to the counting of electoral votes.  The language of  3 U.S.C. §15
suggests that objection may be made on the grounds that (1) a vote was not
"regularly given" by the challenged elector(s); and/or (2) the elector(s)
was not "lawfully certified" under state law; or (3) two slates of electors
have been presented to Congress from the same State.
             Since the Electoral Count Act of 1887, no objection meeting the
requirements of the Act have been made against an entire slate of state
electors.5  In the 2000 election several Members of the House of
Representatives attempted to challenge the electoral votes from the State of
Florida.  However, no Senator joined in the objection, and therefore, the
objection was not "received."  In addition, there was no determination
whether the objection constituted an appropriate basis under the 1887 Act.
However, if a State - in this case Ohio - has not followed its own
procedures and met its obligation to conduct a free and fair election, a
valid objection -if endorsed by at least one Senator and a Member of the
House of Representatives- should be debated by each body separately until
"disposed of".
             Please contact me at 225-5126 to appraise me of your thoughts
on this important matter.  If your staff has questions, that may be
forwarded to Perry Apelbaum or Ted Kalo of my Judiciary Committee staff at
225-6504.  Thank you.
      Sincerely,


John Conyers, Jr.


_______________________________________________
usgp-media mailing list
usgp-media at lists.gp-us.org
http://lists.gp-us.org/mailman/listinfo/usgp-media