As deadlines loom, experts debate
what dates are firm
December 12, 2000
Web posted at: 9:17 AM EST (1417 GMT)
WASHINGTON (AP) -- Not everybody
agrees that Tuesday's deadline for states
to pick their representatives to the
Electoral College is hard and fast.
In fact, as George W. Bush and Al Gore
fight for Florida's 25 electoral votes and
the White House, some election experts
are questioning the finality associated
with December 12 -- when federal law
says Electoral College representatives
should be chosen without "any
controversy or contest."
What does that mean? The answers vary.
"I think it's a cautious date," said Georgetown law professor
Robert Drinan, a former Democratic congressman from
Massachusetts. "It's like a professor saying you have to get your
paper in by December 12, but the drop-dead date is the 18th."
If the November 7 election had gone off without a hitch, these
dates would pass without a headline.
Most states would choose their representatives to the Electoral
College and submit their slate to the National Archives by
December 12, the college's official record-keeper.
Electors are to meet in state capitals across the country on
December 18 to choose the president and vice president. Finally,
Congress would count the votes during the first week of January.
Michael White, the Electoral College expert at the National
Archives, said December 12 is "the deadline for states to make
final determinations of any controversies or contests. ... But
missing the deadline does not disqualify the electors or their
votes."
"A post-contest certification must be sent to the archivist as soon
as practicable on or after December 12," White added.
Supporters for Bush say states are obligated to choose electors
by December 12 to avoid any conflicts in Congress.
Gore supporters view the date as an obstacle because, if Florida
doesn't choose a slate by then, its Republican-controlled
Legislature can select them -- a power granted by the U.S.
Constitution.
With the wiggle room created by the federal laws, George
Washington University's Mary Cheh believes Bush and Gore
may have until January to argue over who rightfully deserves the
electors from Florida, where Bush leads Gore by less than 200
votes.
"The real drop-dead date is when Congress has to count the
ballots," said Cheh, a constitutional law professor. "The
December 12 date is an opportunity for electors to meet, and not
have Congress mess around with the slate."
As of the end of last week, just 16 states had sent their electors'
names to the archives. Slates submitted Monday hadn't been
fully processed and posted to the archives' Web site. Additional
slates were expected to be in by the close of business Tuesday.
Florida Gov. Jeb Bush, George W.'s brother, sent his state's
GOP electors to the archives on November 26.
Federal law says electors are to meet in each state "on the first
Monday after the second Wednesday in December" -- this year,
December 18.
It also says that if a state has made a final determination of any
controversy or contest at least six days before the electors meet
then that determination "shall be conclusive."