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 for an early recount and also rebuffed a motion by the Delaware County Board of Elections to block a recount entirely.⁸  Also, we understand that challenges will be filed today on behalf of Ohio voters to set aside the results of the election in Ohio based on, among other things, massive voter irregularities.

            It is important to note that Article II of the Constitution of the United States provides that “each state shall appoint, in such manner as the legislature thereof may direct, a number of electors,” clearly giving the power to the Ohio legislature to finalize Ohio’s election results.  It appears, unfortunately, that Secretary Blackwell may unlawfully be attempting to have his own results certified.  This is because Ohio law does not authorize the Secretary of State to determine the electors for the State of Ohio.

            Had Secretary Blackwell not postponed his results so long, it is likely that any recounts would have been completed earlier and we would not be writing to you today.  Unfortunately, the Secretary set in motion a series of events that should not penalize the voters of Ohio.  It is for these reasons we ask that the State of Ohio hold only a provisional meeting of electors on December 13 and delay submission of the ascertainment of electors.  A conclusive meeting of electors and ascertainment could occur after the recounts are completed.

            Should you have any questions or concerns regarding this request, please feel free to contact Perry Apelbaum or Ted Kalo of the U.S. House Judiciary Committee staff at 2142 Rayburn House Office Building, Washington, DC 20515 (tel: 202-225-6504; fax: 202-225-4423).

Sincerely,

cc:        The Honorable J. Kenneth Blackwell

            Ohio Secretary of State

            [list of electors]

            ¹3 U.S.C. § 7.

            ²Id. § 5.

            ³Ohio Rev. Code Ann. § 3515.02.

            ⁴Id. § 3515.03.

            ⁵Id. § 3515.01.

            ⁶Mark Niquette, Formal Requests for Recount Begin, Columbus Dispatch, Dec. 8, 2004, at 13B.

            ⁷Mark Niquette, Recount Ok’d but Will be too Late, Columbus Dispatch, Dec. 4, 2004, at 1A.

            ⁸Id.

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