2008 Election Certificate of Vote, Electoral College Electors, California example, Secretary of State, US Constitution, Governor, Alan Keyes, Lawsuit, Obama not eligible, Citizen Wells, Democratic Disaster, December 16, 2008
“Ignorance is not bliss.”
“Knowledge is Power.”
The Citizen Wells blog and many other citizens have been busy for months
informing state officers, election officials, Electoral College Electors
and judges of eligibility issues surrounding Barack Obama and reminding
those people of their duty under the US Constitution, federal and state
laws. Despite these warnings and reminders, the states have plodded along
based on tradition, ignorance and party politics. Numerous lawsuits in
state and federal courts as well as the US Supreme court should have served
as a huge warning that something was wrong. We need someone like Harry
Truman to remind everyone that “The buck stops here.”
The Electoral College met yesterday and the next step in the process is for
state officials to prepare a certificate of vote and send it to the US Senate
and other locations described below. This is a very important document and in
highest sense of the word a legal document. The format of the document is
left up to the states. Remember, all of those people involved in the election
process are sworn to uphold the US Constitution. However, some of the states
have wording in their documents as a reminder of the obligation to uphold
the various laws.
We will focus on California for multiple reasons.
The following is taken from the 2004 certificate of vote:
“pursuant to the Constitution and the laws of the United States
and the state of california, do hereby certify”
From the dictionary:
in conformance to or agreement with; “pursuant to our agreement”; “pursuant to the dictates of one’s conscience”
Now consider the following:
Electoral College Questions and Answers
Citizen Wells letter to Electoral College Electors
The Alan Keyes lawsuit is still alive questioning the eligibility
of Barack Obama.
The CA Secretary of State was contacted by the Citizen Wells blog,
the Democratic Disaster organization and numerous other entities.
It is clear to even a casual observer that Barack Obama is not
eligible to be president and that Electors in CA and throughout
the nation, despite compelling evidence that Obama is not eligible,
plodded along and engaged in the worst kind of party politics, and
violated the US Constitution.
2004 CA Certificate of Vote
Electoral College Vote and subsequent procedures:
4. Hold the Meeting of Electors
On the first Monday after the second Wednesday in December (December 15, 2008), the electors meet in their respective States. Federal law does not permit the States to choose an alternate date for the meeting of electors – it must be held on December 15, 2008. The State legislature may designate where in the State the meeting will take place, usually in the State capital. At this meeting, the electors cast their votes for President and Vice President.
If any electors are unable to carry out their duties on the day of the Electoral College meeting, the laws of each State would govern the method for filling vacancies. Any controversy or contest concerning the appointment of electors must be decided under State law at least six days prior to the meeting of the electors.
See Title 3, Section 6 of the U.S. Code
There is no Constitutional provision or Federal law requiring electors to vote in accordance with the popular vote in their States. Some States have such requirements.
5. Prepare the Certificate of Vote
Federal law does not govern the general appearance of the Certificate of Vote. The format is determined under the law or custom of the submitting State. The electors must execute six Certificates of Vote. Federal law requires that the Certificates be prepared and authenticated in the following manner:
The Certificates of Vote must contain two distinct lists, one for President and one for Vice President.
The Certificates must list all persons who received electoral votes for President and the number of electors who voted for each person.
The Certificates must list all persons who received votes for Vice President and the number of electors who voted for each person.
The Certificates do not contain the names of persons who did not receive electoral votes.
Each of the six Certificates of Vote must be signed by all of the electors.
One of the six Certificates of Ascertainment provided to the electors by the Governor must be attached to each of the six Certificates of Vote.
Finally, each of the six pairs of Certificates must be sealed and certified by the electors as containing the list of electoral votes of that State for President and Vice President.
6. Distribute the Paired Certificates of Vote and Certificates of Ascertainment
The six pairs of Certificates must be sent to the designated Federal and State officials as follows:
One is sent by registered mail to:
The Honorable Richard B. Cheney
President of the United States Senate
Washington, DC 20510
Two are sent by registered mail to:
Archivist of the United States
National Archives and Records Administration
c/o Office of the Federal Register (NF)
8601 Adelphi Road
College Park, MD 20740-6001
Two are sent to:
The Secretary of State of each State.
One of these is held subject to the order of the President of the United States Senate or the Archivist of the United States in case the electoral votes fail to reach the Senate or the Archivist.
The other one is to be preserved by the Secretary of State for public inspection for one year.
One is sent to:
The Chief Judge of the Federal District Court located where the electors meet.
It is held subject to the order of the President of the United States Senate or the Archivist of the United States in case the electoral votes fail to reach the Senate or the Archivist.
The statutory deadline for the designated Federal and State officials to receive the electoral votes is December 24, 2008. Because of the very short time between the meetings of the electors in the States on December 15 and the December 24 statutory deadline, followed closely by the counting of electoral votes in Congress on January 6, 2009, it is imperative that the Certificates be mailed as soon as possible.
We strongly recommend that the sealed pairs of Certificates be taken to the Post Office on December 15, or no later than the morning of December 16, to minimize delays that could occur during the holiday mail season. Some States may find it useful to alert their local Postmaster to the extraordinarily important nature of the mailing. When the paired Certificates of Vote and Certificates of Ascertainment have been delivered to the designated Federal and State officials, the States’ Electoral College duties are complete.
Prior to the election this year, the Legal Staff of the Office of the Federal Register will telephone Secretaries of State and other election officials to establish contact with the States and assure the smooth operation of the Electoral College process.
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