Congresswoman Barbara Lee Urges Provisional Treatment of Ohio Electors Pending Results of Recount and Challenges
Washington , DC – Citing voting irregularities in Ohio and the obligation to ensure every vote counts, today Congresswoman Barbara Lee joined her colleagues, including Representative John Conyers (D-MI), in requesting Ohio’s Governor, Speaker of the House, and President of the Senate, treat as provisional the scheduled December 13 meeting of the State of Ohio’s 2004 Presidential electors and the submission of the certificates of ascertainment until resolution of pending recounts and challenges regarding the Ohio presidential vote.
“Democracy requires not only the right to vote, but that that every vote be counted. We must make sure that is the case in Ohio,” said Lee.
The text of the letter appears below.
The Honorable Bob Taft
Governor
State of Ohio
77 South High Street
Columbus, OH 43215
The Honorable Larry Householder
Speaker of the House
Ohio House of Representatives
77 S. High St
14th Floor
Columbus, OH 43215
The Honorable Doug White
President
Ohio Senate
Statehouse
Room #201 Second Floor
Columbus, OH 43215
Dear Governor Taft, Speaker Householder & President White:
We are writing with an urgent request that you either delay or treat as provisional the scheduled December 13 meeting of the State of Ohio’s 2004 Presidential electors and the submission of the certificates of ascertainment until resolution of pending recounts and challenged regarding the Ohio presidential vote. We are sure you would agree that no election is final, or should be deemed final, until all votes are counted and disputes are settled.
Notwithstanding federal statutory requirements that electors meet in their respective states on December 13, 2004,1 it is imperative and necessary under the Constitution of the United States that the State of Ohio delay or treat as provisional its meeting. First, federal law also provides that state legislatures may settle election controversies and contests six days prior to the meeting of electors, such that all disputes would be resolved by December 7, 2004.2 In this situation, it does not appear that the Ohio state legislature has made a decision to avail itself of this provision.
Secretary Blackwell declared his results on December 6, so late a date that he engineered a conflict with state recount laws. Ohio law sets two deadlines pertaining to recounts. First, it provides that applications for statewide recounts must be submitted within five days of the secretary of state’s declaration of results.3 Second, such recounts must begin within ten days of the recount request.4 Moreover, it is worth noting that your state law automatically allows candidates who were not declared winners to seek recounts.5
Secretary Blackwell gave county boards of election until December 1 to certify their returns, and then waited to declare his own results on December 6. As a consequence, recounts may be sought at least until December 11 and must begin by December 16. It is impossible, therefore, for the December 6 results to be the official certification of the State of Ohio. The law providing a right to a recount would be an empty right in this scenario.
As you know, at least two presidential candidates in your State have applied for statewide recounts.6 Seeing the conflicting deadlines contained within federal and state law, these candidates sought to have the recounts begin even before the votes were declared so the deadlines could be reconciled.7 The federal court hearing the case denied the request