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Conceding The Election

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Conceding The Election

Postby Perren » Sat Dec 03, 2016 3:28 am

Now, that John Kerry has conceeded the election, does this mean that no matter what is found out about mistakes in the election that he cannot turn back the clock and say that the election isn't over?

I suspect it is over regardless, but you sounded like a good person to check with,  If I'm wrong, and the person with the most legitimate electoral votes can be put in the white house, would this be determined by the Supreme Court?

Also, is there law covering dealing with ballot tampering by the candidates?  Wouldn't it be in the United States criminal code?

Thanks.

..Lois
Perren
 
Posts: 39
Joined: Fri Mar 14, 2014 10:00 pm

Conceding The Election

Postby bing49 » Sat Dec 03, 2016 6:25 am

Dear Lois,

As your question implies, "conceding" an election has no legal effect. The winner is whoever gets the most votes -- or, in the case of the Presidency, a majority of the electoral votes -- as certified by the authorities who are legally responsible for counting those votes. The election officials of each state decide which Electors have been elected; than the Electors vote, and send their ballots to Congress, where they are counted in January. The Constitution specifies that the Electors' ballots be opened by the President of the Senate(yes, that is Dick Cheney) in the presence of the members of the House and Senate, and then be counted, and that whoever gets a majority is elected. So the only way the Supreme Court might get involved would be if, as in 2000, there was a dispute about how to count the ballots in a particular state.

However, conceding does have the practical effect that the Democratic legal team will not pursue the cases of disputed ballots as vigorously. As I understand it, all the challenged ballots in Ohio will still be resolved, but no one thinks it is possible that they will give Kerry the victory.

As for ballot tampering, it would be governed by the laws of each state, as the states are responsible for conducting elections, but I have no doubt that it would be a crime in any state.

Yours,

John
bing49
 
Posts: 55
Joined: Thu Mar 31, 2011 12:29 pm

Conceding The Election

Postby Fajer » Sat Dec 03, 2016 8:03 am

Now, that John Kerry has conceeded the election, does this mean that no matter what is found out about mistakes in the election that he cannot turn back the clock and say that the election isn't over?

I suspect it is over regardless, but you sounded like a good person to check with,  If I'm wrong, and the person with the most legitimate electoral votes can be put in the white house, would this be determined by the Supreme Court?

Also, is there law covering dealing with ballot tampering by the candidates?  Wouldn't it be in the United States criminal code?

Thanks.

..Lois
Fajer
 
Posts: 32
Joined: Sun Mar 02, 2014 10:38 pm


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