Congressional report: How to contest a presidential election

Shades of 2000! Do congressional staffers know something about the 2016 elections, or is it just a "routine" report?

The Congressional Research Service recently produced a report called "How Can the Results of a Presidential Election be Contested?"

The issue arose in 2000 when the race between Democrat Al Gore and Republican George W. Bush came down to Florida, where Gore had forced a recount.

The U.S. Supreme Court eventually ordered the recount stopped, giving Bush the victory.

The new report from the CRS notes, "Although it has national impact, the presidential election is in essence 50 state and District of Columbia elections for presidential electors, held on the same day throughout the country.

Just in time for the 2016 election, hear Hillary Clinton say she would NOT run for president, in "Hillary Unhinged" by Thomas Kuiper

"Therefore – and consistent with the states' traditional authority over the administration of elections within their jurisdictions – states have the initial responsibility for resolving challenges, recounts and contests to the results of a presidential election."

The report continues: "The law provides that if a contest or challenge in a state to the election or appointment of presidential electors is resolved in that state before the sixth day prior to the meeting of the electors, such determination shall be 'conclusive' and shall 'govern' when Congress counts the electoral votes as directed by the 12th Amendment. The Supreme Court has referred to this as the 'safe harbor' provision.

"This year, the presidential electors are scheduled to meet on December 19. Six days prior is December 13, which therefore, will be the last day for the states to make a final determination in order for it to be conclusive when Congress counties the votes."

The ordinary administration of elections by states includes "providing the mechanisms for recounts or contests to election results within the state, to be filed by the appropriate parties within a specific time-frame and procedure as established under state law."

"Recounts of election results involve a re-canvassing or re-calculating of votes and/or vote tallies that were given and recorded in the state or in particular election districts. In contrast, an election contest is the process within a state to address allegations of fraud in voting, or mistake or irregularity in election administration that has arguably resulted in the wrong candidate being found to have received the most votes or has made the ascertainment of the winner 'reasonably uncertain,'" said the report, released just days ago.

The report said further: "When Congress meets to count the electoral votes in January 2017, objections may be made to the counting of electoral votes from a particular state. The
12th Amendment to the U.S. Constitution provides that Congress shall meet in joint session when it counts the electoral votes."

The process allows for objections to the results, presented and signed by at least one senator and representative.

The House and Senate, meeting separately, would consider the objections.

The report does not offer a reason that it was released, but given the rancor between the candidates, it might come in handy.

Just in time for the 2016 election, hear Hillary Clinton say she would NOT run for president, in "Hillary Unhinged" by Thomas Kuiper