Draft:2001 United States Electoral College vote count
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Last edited by PepsiStripMine (talk | contribs) 47 hours ago. (Update) |
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538 members of the Electoral College[c] 270 electoral votes needed to win | |||||||||||||||||||||||
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Objections made to the electoral college votes of the 2000 U.S. presidential election. No objections Objection(s) attempted[b] | |||||||||||||||||||||||
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The count of the Electoral College ballots during a joint session of the 107th United States Congress, pursuant to the Electoral Count Act, on January 6, 2001, was the final step to confirm then-President-elect George W. Bush's victory in the 2000 presidential election over Al Gore.
This event was notable in that Gore, who had narrowly failed to secure the deciding state of Florida after a series of controversial recount proceedings, partook in the certification of his own election loss in his role as President of the Senate. Multiple Democratic representatives attempted to object to the certification of Bush's Florida votes throughout the session, however no senator from either party signed onto the objections.[1][2]
Background
[edit]Electoral College
[edit]The United States Electoral College is the group of presidential electors required by the Article Two of the Constitution to form every four years for the sole purpose of electing the president and vice president. Each state appoints electors according to its legislature, equal in number to its congressional delegation (senators and representatives). Federal office holders cannot be electors. Of the current 538 electors, an absolute majority of 270 or more electoral votes is required to elect the president and vice president.[3] As stated in the Twelfth Amendment to the United States Constitution, if no candidate for either office achieves an absolute majority there, a contingent election is held by the United States House of Representatives to elect the president, and by the United States Senate to elect the vice president; under this amendment, only the election of 1824 failed to produce a majority for president, and the election of 1836 for vice president.
Each state and the District of Columbia produces two documents to be forwarded to Congress, a certificate of ascertainment and a certificate of vote. A certificate of ascertainment is an official document that identifies the state's appointed College electors and the tally of the final popular vote count for each candidate in that state[4] in a presidential election;[5][6] the certificate of ascertainment is submitted after an election by the governor of each state to the archivist of the United States[7][8] and others,[9] in accordance with 3 U.S.C. §§ 6–14[10][11] and the Electoral Count Act.[12][13] Within the United States' electoral system, the certificates "[represent] a crucial link between the popular vote and votes cast by electors".[14] The certificates must bear the state seal and the governor's signature. Staff from the Office of the Federal Register ensure that each certificate contains all legally required information.[15] When each state's appointed electors meet to vote (on the first Monday after the second Wednesday of December),[6] they sign and record their vote on a certificate of vote,[11][13] which are then paired with the certificate of ascertainment, which together are sent to be opened and counted by Congress.[16]
The 12th Amendment mandates Congress assemble in joint session to count the electoral votes and declare the winners of the election.[17] The Electoral Count Act, a federal law enacted in 1887, further established specific procedures for the counting of the electoral votes by the joint Congress.[18] The session is ordinarily required to take place on January 6 in the calendar year immediately following the meetings of the presidential electors.[19] Since the 20th Amendment, the newly elected joint Congress declares the winner of the election; all elections before 1936 were determined by the outgoing Congress.
A state's certificate of vote can be rejected only if both Houses of Congress, debating separately, vote to accept an objection by a majority in each House.[20] If the objection is approved by both Houses, the state's votes are not included in the count. Individual votes can also be objected to, and are also not counted. If there are no objections or all objections are overruled, the presiding officer simply includes a state's votes, as declared in the certificate of vote, in the official tally. After the certificates from all states are read and the respective votes are counted, the presiding officer simply announces the final state of the vote. This announcement concludes the joint session and formalizes the recognition of the president-elect and of the vice president-elect.[3] The senators then depart from the House chamber. The final tally is printed in the Senate and House journals.
Florida vote dispute
[edit]On election night, it was unclear who had won, with the electoral votes of the state of Florida still undecided. The returns showed that Bush won Florida by such a close margin that state law required a recount. A month-long series of legal battles led to the highly controversial 5–4 Supreme Court decision Bush v. Gore, which ended the recount. Ultimately, Bush won Florida by 537 votes, a margin of 0.009%. The Florida recount and subsequent litigation resulted in major post-election controversy, with some analysis suggesting that limited county-based recounts would have confirmed a Bush victory, whereas a statewide recount would have given the state to Gore. Postelection analysis has found that Palm Beach County's butterfly ballot misdirected over 2,000 votes from Gore to third-party candidate Pat Buchanan, tipping Florida—and the election—to Bush. (Full article...)
Joint Session of Congress
[edit]Before the counting of the electoral votes began, Democratic representative Peter Deutsch attempted a point of order: "Mr. Vice President, we have just completed the closest election in American history-". Deutsch was promptly gavelled down by Gore on the grounds that no debate is allowed in the joint session.[21] The count started in a relatively normal fashion. After California's 54 votes were counted in favor of the Democratic ticket, Gore "playfully pumped his fist in the air".[1] Before Florida's certificate was read, the teller Chaka Fattah commented: "This is the one we have all been waiting for."[21]
Hastings: "Mr. President, and I take great pride in calling you that, I must object because of the overwhelming evidence of official misconduct, deliberate fraud, and an attempt to suppress voter turnout."; Gore: "The Chair must remind Members that under section 18, title 3, United States Code, no debate is allowed in the joint session."; Mr. HASTINGS of Florida: "Thank you, Mr. President. To answer your question, Mr. President, the objection is in writing, signed by a number of Members of the House of Representatives, but not by a Member of the Senate."
meek: "Mr. President, it is in writing and signed by myself and several of my constituents from Florida. A Senator is needed, but missing."
brown: "Mr. President, it is in writing and signed by several House colleagues on behalf of, and myself, the 27,000 voters of Duval County, of which 16,000 of them are African Americans that were disenfranchised in this last election"
johnson: "Mr. President, I rise on behalf of the Congressional Black Caucus to object to the 25 electoral votes from Florida." ... "It is in writing, signed by a number of Members of Congress, and because we received hundreds of thousands of telegrams and e-mails and telephone calls, but we do not have a Senator."
cummings: "Mr. President, it is in writing and signed by myself on behalf of the many disenfranchised people in the State of Florida, and it is signed along with many of my other colleagues from the House."
jackson-lee: "Mr. President, thank you for your inquiry. It is in writing, it is signed by myself on behalf of my diverse constituents and the millions of Americans who have been disenfranchised by Florida’s inaccurate vote count, along with my House colleagues, Mr. President."
waters: "Mr. Vice President, I rise to object to the fraudulent 25 Florida electorial [sic] votes" ... "The objection is in writing, and I do not care that it is not signed by a Member of the Senate." Gore: "The Chair will advise that the rules do care, and the signature of a Senator is required."
lee: "Mr. President, it is in writing and signed by myself on behalf of many of the diverse constituents in our country, especially those in the Ninth Congressional District and all American voters who recognize that the Supreme Court, not the people of the United States, decided this election."
mckinney: "Mr. President, it is in writing and it is signed by my Congressional Black Caucus colleagues, my House colleagues and myself; but it is not signed by one single Senator."
mink: "Mr. President, it is in writing, and I have signed it on behalf of not only myself and other colleagues of the House but my constituents. Unfortunately, I have no authority over the United States Senate and no Senator has signed."
clayton, "the essence of democracy demands that we speak to it" [the objection];
gore asks if there are any more objections, almost moves on before mckinney interrupts again;
mckinney: "in view of the fact that debate is not permitted in joint session and pursuant to title 3, I move that the House withdraw from the joint session in order to allow consideration of the facts surrounding the slate of electors from Florida", gore: "The Chair will remind the Members of the joint session that even though a Member’s motion may affect only one House, the statutory principle of bicameral signatures must, nevertheless, be applied." ... "Is the gentlewoman’s motion in writing and signed by a Member and a Senator?", mckinney: "Mr. President, the motion is in writing, it is at the desk, and because it involves the prerogatives of the House, therefore Senate assent is not required.", gore: "The Chair will advise the gentlewoman respectfully that reading sections 15 through 18 of title 3, U.S. Code, as a whole, the Chair holds that no procedural question, even if involving only one House of Congress, is to be recognized by the presiding officer in the joint session, unless presented in writing and signed by both a Representative and a Senator. Because the gentlewoman’s motion is not signed by a Senator, on the basis previously stated, the motion may not be received. The Chair thanks the gentlewoman from Georgia.";
filner: "No, it is not in writing, but I rise in solidarity with my colleagues who have previously expressed their objection.";
waters: "I rise to offer a motion to withdraw from the joint session. There is no reference to the section that you have referenced to quorum or withdrawal.", gore: "The Chair will respectfully advise the gentlewoman from California that sections 15 through 18 of title 3, as previously stated, in the opinion of the Chair and the Parliamentarians require the Chair to rule that no procedural question is to be recognized by the Presiding Officer in the joint session, even if it applies to only one House, unless presented in writing and signed by both a Representative and a Senator. Since the Chair has been advised that the gentlewoman’s motion is not signed by a Senator, on the basis previously stated, the motion may not be received.", waters: "Let the RECORD show that is an opinion. It is not written in that section in reference to quorum or withdrawal.";
jackson: "Mr. President, being that this is a solemn day and a day that we are affirming the voices of the American people, we wish to delay this until a quorum has been maintained"; jackson: "Mr. President, I am objecting to the idea that votes in Florida were not counted; and it is a sad day in America, Mr. President, when we cannot find a Senator to sign these objections. New Democratic Senators will not sign the objection, Mr. President. I object.";
Gore: "the chair thanks the gentleman from illonois, but... hey", spreads arms and nods, congress laughs and claps;
hastings: "Would the President advise whether or not there is an opportunity to appeal the ruling of the Chair?", Gore: "This is going to sound familiar to you, to all of us. The Chair finds that section 17 of title 3, United States Code, prescribes a single procedure for resolution of either an objection to a certificate or other questions arising in the matter. The Chair rules that the appeal is subject to the requirement that it be in writing and signed by both a Member of the House of Representatives and a Senator. Since the Chair presumes that it is not signed by a Senator, it is not received on the basis previously stated", hastings: "We did all we could, Mr. President", Gore laughs;
waters: "I rise to ask unanimous consent that the debate on this issue go forward.", congress laughs, Gore: "Notwithstanding the fact that an objections were heard, the Chair is advised that that request should not even be entertained.";
jackson: "Mr. President, is it possible to ask at this hour for a Democratic Senator to sign one of these Democratic objections by unanimous consent? Is that within the House rules?", Gore: "The Chair will advise the gentleman from Illinois that any Member of either Chamber may do as he or she wishes, so long as it is within the rules of the joint session. So it is possible, as long as it does not violate the rules, but the Chair will not entertain debate, because that is a violation of the rules of the joint session.";
no further objections, moves on to Georgia. Congress claps as Democratic reps walk out, interrupting teller reading Georgia certificate.
WIP, add summary here; "preambles" before votes are counted; black disenfranchisement rationale;[22] mckinney rose twice; waters rose three times; jackson-lee rose twice; hastings rose twice; jackson rose twice; 13 reps objected to florida count, no objections to any other state[21][23]
State | Electoral votes | Winner | Faithless electors | Objection raised by |
---|---|---|---|---|
Alabama | 9 | Bush/Cheney | None | No Objections |
Alaska | 3 | Bush/Cheney | None | No Objections |
Arizona | 8 | Bush/Cheney | None | No Objections |
Arkansas | 6 | Bush/Cheney | None | No Objections |
California | 54 | Gore/Lieberman | None | No Objections |
Colorado | 8 | Bush/Cheney | None | No Objections |
Connecticut | 8 | Gore/Lieberman | None | No Objections |
Delaware | 3 | Gore/Lieberman | None | No Objections |
District of Columbia | 2[d] | Gore/Lieberman | 1; abstained | No Objections |
Florida | 25 | Bush/Cheney | None |
Barbara Lee (D-CA-9)[21] |
Georgia | 13 | Bush/Cheney | None | No Objections |
Hawaii | 4 | Gore/Lieberman | None | No Objections |
Idaho | 4 | Bush/Cheney | None | No Objections |
Illinois | 22 | Gore/Lieberman | None | No Objections |
Indiana | 12 | Bush/Cheney | None | No Objections |
Iowa | 7 | Gore/Lieberman | None | No Objections |
Kansas | 6 | Bush/Cheney | None | No Objections |
Kentucky | 8 | Bush/Cheney | None | No Objections |
Louisiana | 9 | Bush/Cheney | None | No Objections |
Maine | 4 | Gore/Lieberman | None | No Objections |
Maryland | 10 | Gore/Lieberman | None | No Objections |
Massachusetts | 12 | Gore/Lieberman | None | No Objections |
Michigan | 18 | Gore/Lieberman | None | No Objections |
Minnesota | 10 | Gore/Lieberman | None | No Objections |
Mississippi | 7 | Bush/Cheney | None | No Objections |
Missouri | 11 | Bush/Cheney | None | No Objections |
Montana | 3 | Bush/Cheney | None | No Objections |
Nebraska | 5 | Bush/Cheney | None | No Objections |
Nevada | 4 | Bush/Cheney | None | No Objections |
New Hampshire | 4 | Bush/Cheney | None | No Objections |
New Jersey | 15 | Gore/Lieberman | None | No Objections |
New Mexico | 5 | Gore/Lieberman | None | No Objections |
New York | 33 | Gore/Lieberman | None | No Objections |
North Carolina | 14 | Bush/Cheney | None | No Objections |
North Dakota | 3 | Bush/Cheney | None | No Objections |
Ohio | 21 | Bush/Cheney | None | No Objections |
Oklahoma | 8 | Bush/Cheney | None | No Objections |
Oregon | 7 | Gore/Lieberman | None | No Objections |
Pennsylvania | 23 | Gore/Lieberman | None | No Objections |
Rhode Island | 4 | Gore/Lieberman | None | No Objections |
South Carolina | 8 | Bush/Cheney | None | No Objections |
South Dakota | 3 | Bush/Cheney | None | No Objections |
Tennessee | 11 | Bush/Cheney | None | No Objections |
Texas | 32 | Bush/Cheney | None | No Objections |
Utah | 5 | Bush/Cheney | None | No Objections |
Vermont | 3 | Gore/Lieberman | None | No Objections |
Virginia | 13 | Bush/Cheney | None | No Objections |
Washington | 11 | Gore/Lieberman | None | No Objections |
West Virginia | 5 | Bush/Cheney | None | No Objections |
Wisconsin | 11 | Gore/Lieberman | None | No Objections |
Wyoming | 3 | Bush/Cheney | None | No Objections |
See also
[edit]Notes
[edit]- ^ 267 electors pledged to the Gore/Lieberman ticket were elected; however, an elector from the District of Columbia abstained from casting a vote for president or vice president, bringing the ticket's total number of electoral votes to 266.
- ^ Pursuant to the Electoral Count Act of 1887, an objection requires the assent of a Representative and a Senator in order to be sustained before Congress. In all these cases, the attempted objections failed to receive assent from a Senator.
- ^ Electors were elected to all 538 apportioned positions; however, an elector from the District of Columbia pledged to the Gore/Lieberman ticket abstained from casting a vote for president or vice president, bringing the total number of electoral votes cast to 537.
- ^ One faithless elector from Washington, D.C., Barbara Lett-Simmons, abstained from voting in protest of the District's lack of voting representation in the United States Congress. Washington, D.C. has a non-voting delegate to Congress. She had been expected to vote for Gore/Lieberman.[24]
References
[edit]- ^ a b Mitchell, Alison (January 7, 2001). "Over Some Objections, Congress Certifies Electoral Vote". The New York Times. Archived from the original on February 7, 2011. Retrieved November 30, 2024.
- ^ Glass, Andrew (January 6, 2008). "Congress certifies Bush as winner on Jan. 6, 2001". POLITICO. Archived from the original on September 16, 2021. Retrieved December 1, 2024.
- ^ a b Neale, Thomas H. (October 22, 2020). "The Electoral College: A 2020 Presidential Election Timeline". Congressional Research Service. Archived from the original on November 9, 2020. Retrieved November 9, 2020.
- ^ Robinson, Courtney (November 17, 2020). "It's official: Florida certifies its 2020 election results". WTSP. Archived from the original on January 14, 2021. Retrieved November 20, 2020.
- ^ Conniff, Ruth (November 19, 2020). "Wisconsin's divisive presidential recount begins". Wisconsin Examiner. Archived from the original on November 28, 2020. Retrieved November 20, 2020.
- ^ a b Astor, Maggie (November 12, 2020). "Here's What Will Happen Between Election Day and Inauguration Day". The New York Times. Archived from the original on January 4, 2021. Retrieved November 19, 2020.
- ^ Bedillion, Caleb (November 16, 2020). "Final vote tally shows Lee County turnout increase". Northeast Mississippi Daily Journal. Archived from the original on November 17, 2020. Retrieved November 20, 2020.
- ^ Lee, Jessica (November 19, 2020). "Could Trump Defy Popular Vote By Halting Voter Certification?". Snopes. Archived from the original on January 14, 2021. Retrieved November 20, 2020.
- ^ Albiges, Marie (November 13, 2020). "Meet Pennsylvania's Electoral College voters: Everything they can — and can't — do". WHYY. Archived from the original on December 15, 2020. Retrieved November 19, 2020.
- ^ Karson, Kendall (December 8, 2020). "What to know about Tuesday's 'safe harbor' deadline to certify election results". ABC News. Archived from the original on January 7, 2021. Retrieved December 9, 2020.
- ^ a b Viebeck, Elise; Santamariña, Daniela (November 12, 2020). "Vote certification deadlines in states facing legal challenges from Trump, GOP". The Washington Post. Archived from the original on December 9, 2020. Retrieved November 19, 2020.
- ^ Montellaro, Zach (November 19, 2020). "What you need to know about how the Electoral College works". Politico. Archived from the original on November 19, 2020. Retrieved November 20, 2020.
- ^ a b Neale, Thomas H. (October 22, 2020). "The Electoral College: A 2020 Presidential Election Timeline". Congressional Research Service. Archived from the original on November 9, 2020. Retrieved November 19, 2020.
- ^ Friedmann, Sarah (November 3, 2016). "The Certificate Of Ascertainment Records Each Vote". Bustle. Archived from the original on November 10, 2020. Retrieved November 19, 2020.
- ^ "The 2020 Presidential Election: Provisions of the Constitution and U.S. Code" (PDF). Office of the Federal Register. National Archives and Records Administration. July 2020. Archived (PDF) from the original on January 9, 2021. Retrieved November 19, 2020.
- ^ Dixon, R. G. (June 1950). "Electoral College Procedure". The Western Political Quarterly. 3 (2). University of Utah: 214–224. doi:10.2307/443484. JSTOR 443484.
- ^ "Constitution of the United States: Amendments 11–27". National Archives and Records Administration. Archived from the original on May 16, 2008. Retrieved January 5, 2021.
The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted.
- ^ Rybicki, Elizabeth; Whitaker, L. Paige. "Counting Electoral Votes: An Overview of Procedures at the Joint Session, Including Objections by Members of Congress" (PDF). Congressional Research Service. Congressional Research Service. Archived (PDF) from the original on January 8, 2021. Retrieved December 22, 2020.
- ^ 3 U.S.C. § 15, Counting electoral votes in Congress
- ^ Jalonick, Mary Clare (December 15, 2020). "EXPLAINER: How Congress will count Electoral College votes". AP NEWS. Archived from the original on January 6, 2021. Retrieved December 19, 2020.
- ^ a b c d e f g h i j k l m n o p "COUNTING ELECTORAL VOTES--JOINT SESSION OF THE HOUSE AND SENATE HELD PURSUANT TO THE PROVISIONS OF SENATE CONCURRENT RESOLUTION 1; Congressional Record Vol. 147, No. 4" (PDF). www.congress.gov. Retrieved November 30, 2024.
- ^ Huguelet, Austin. "Congress has objected to Electoral College votes before. Here's a look at past efforts:". Springfield News-Leader. Retrieved November 30, 2024.
- ^ "Electoral College Ballot Count | January 6, 2001 | C-SPAN.org". www.c-span.org. Retrieved November 30, 2024.
- ^ Dizikes, Peter (January 6, 2006). "Electoral College Puts Bush Over the Top - ABC News". Abcnews.go.com. Archived from the original on March 5, 2016. Retrieved August 18, 2016.