But, Turley noted, “those votes are not opened by Congress until January 6. Now, if there are controversies, such as some disclosure that a state actually went for Kerry (instead of Bush), there is the ability of members of Congress to challenge.” In other words, even after the December 13th Electoral College Vote, in the extremely unlikely scenario that a court overturns the Ohio count, or that the recount discovers 4,000 Gahanna-style machines that each recorded 4,000 votes too many for one candidate, there is still a mechanism to correct the error, honest or otherwise.
“It requires a written objection from one House member and one senator,” Turley continues. Once that objection is raised, the joint meeting of the two houses is discontinued. “Then both Houses separate again and they vote by majority vote as to whether to accept the slate of electoral votes from that state.”
In these super-heated partisan times, it may seem like just another prospective process decided by majority rule instead of fact. But envision the far-fetched scenario of some dramatic, conclusive new result from Ohio turning up around, say, January 4th. What congressman or senator in his right mind would vote to seat the candidate who lost the popular vote in Ohio? We wouldn’t be talking about party loyalty any more - we’d be talking about pure political self-interest here, and whenever in our history that critical mass has been achieved, it’s been every politician for himself (ask Barry Goldwater when Richard Nixon trolled for his support in July and August, 1974, or Republican Senator Edmund Ross of Kansas when his was to be the decisive vote that would have impeached President Andrew Johnson in 1868).
The point of this dip into the world of political science fiction is that the Ohio timeframe is a little less condensed than it seems. The drop-dead date is not December 13, but January 6.
It is noteworthy that the announcement of a legal challenge made it into weekend editions of The Cleveland Plain Dealer, The Columbus Dispatch, the Associated Press wires, and other publications. The Columbus paper even mentioned something curious. “Earlier this week, the Ohio Democratic party announced it would join a lawsuit arguing that the state lacks clear rules for evaluating provisional ballots, a move the party said will keep its options open if problems with the ballots surface.”
This makes a little more sense out of a confusing item that appeared in an obscure weekly paper in Westchester County, New York, last Wednesday, in which a reporter named Adam Stone wrote “A top-ranking official with Democratic Senator John Kerry’s presidential campaign told North County News last week that although unlikely, there is a recount effort being waged that could unseat Republican President George Bush.” Stone quotes Kerry spokesman David Wade as saying: “We have 17,000 lawyers working on this, and the grassroots accountability couldn’t be any higher - no (irregularity) will go unchecked. Period.” Gives a little context to Senator Kerry’s opaque mass e-mail and on-line video statement from Friday afternoon.
The Ohio newspaper coverage suggests that even the mainstream media is beginning to sit up and take notice that, whatever its merits, the investigation into the voting irregularities of November 2nd has moved from the Reynolds Wrap Hat stage into legal and governmental action. Tripe does continue to appear, like Carol Pogash’s column in today’s San Francisco Chronicle. Its headline provided me with a laugh: “Liberals, the election is over, live with it.” I’ve gotten 37,000 emails in the last two weeks (now running at better than 25:1 in favor), and the two most repeated comments by those critical of the coverage have been references to the ratings of Fox News Channel, and the phrase “the election is over, (expletive deleted), live with it. I hesitate to generalize, but this does suggest a certain unwillingness of critics to engage in political discourses that don’t have no swear words in ‘em.