Geoff Duncan on election recount: "It’s disheartening to watch folks chase 10-second soundbites and Facebook posts and disrupt the rule of law. By contrast, " unsafe harbors" describe conduct that will be deemed to violate the rule. As Law&Crime has previously reported, and as Kelly’s arguments point out, federal election law sets a so-called “safe harbor” deadline which requires controversies “concerning the appointment of all or any of the electors . WASHINGTON (AP) — Happy Safe Harbor Day, America. https://t.co/A4wOfyP0yx, — Ross Garber (@rossgarber) November 5, 2020. Email us. Email us. (Photo by Scott Olson/Getty … Safe Harbor Election. Key deadline marks beginning of end of Trump election challenges. Tuesday marks the "safe harbor" date -- a provision inscribed in federal law that requires states to resolve all election-related disputes before the Electoral College meets in … Under the Electoral Count Act (ECA) of 1887, Congress has long vested each of the several states with the power to determine its own electors for the purposes of the Electoral College. Section 2 (now 3 U.S.C. Community (This content is not subject to review by Daily Kos staff prior to publication.) [email protected]. As a practical matter, this provision doesn’t provide states enough time to complete recount and con-test proceedings in the event of a close, contested election. Senate panel wrestles with election questions Lynde Langdon | 12/16/20, 05:16 pm. [images via ANGELA WEISS and MANDEL NGAN / AFP via Getty Images], Have a tip we should know? The de minimis safe harbor election eliminates the burden of determining whether every small-dollar expenditure for the acquisition or production of property is properly deductible or capitalizable. Avoiding martial law Politics | Can we find common ground? Elura Nanos - Columnist & Trial Analyst, Law & Crime; CEO Lawyer Up, 9 Shocking Times Defendants Testified at Trial, 10 Most Memorable Law&Crime Network Trials, Sen. 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Share . https://www.cnn.com/2020/12/08/politics/what-matters-december-7 December 8, the so-called ‘safe harbor’ date, marks the first key national event to legally cement Biden’s victory. The safe harbor deadline is six days earlier. Those votes will elect Joe Biden as the country's next president. Other than Wisconsin, every state appears to have met a deadline in federal law that essentially means Congress has to … Ultimately, SCOTUS’s ruling—however narrow and fractured it had been—saved the Florida recount situation from triggering the deadline set by federal law. Or to keep it anonymous, click here. Such determination "shall be conclusive, and shall govern in the counting of the electoral votes ... so f… In 2020, that deadline falls on Dec. 8. The court’s opinion was issued Dec. 12, the deadline in 2000. “[T]he Supreme Court in Bush v. Gore stopped the Florida recount, effectively handing the election to Bush,” Garber noted. But the rules outlined in the statute function as more of a push-and-pull than a full-on acceptance of each state’s primacy here. This safe harbor is available for taxpayers who seek to claim the section 199A deduction with respect to a "rental real estate enterprise." Get the latest US election 2020 news and polls as Donald Trump and Joe Biden prepare to do battle, from Mail Online. [email protected], Elura is a columnist and trial analyst for Law & Crime. For example, in the context of a … That's because Tuesday is the "safe harbor" deadline under federal law. Marvin Olasky | 12/29/20, 12:34 am . Georgia's Republican Lt. Gov. Have a tip or story idea? The safe harbor deadline is six days earlier. Washington, D.C. — U.S. Senator Marco Rubio (R-FL) introduced a bill to extend the federal safe harbor period for states to determine electors from December 8, 2020 to January 1, 2021 for this year’s presidential election. And Trump’s lawsuits may well cause delay and confusion that exacerbate the already problematic timeline for vote-count certainty. Additionally, since this is all about electors and would-be competing slates of electors, it’s important to note that Trump and his allies haven’t actually introduced the chaos element necessary to truly contest Biden’s Electoral College votes. . Follow Elura on Twitter @elurananos. The decision to accept a potential slate of electors can, under certain circumstances, rest with Congress. Doing so would give states the flexibility needed in a pandemic to help ensure each and every legal vote cast is counted. WASHINGTON -- Happy Safe Harbor Day, America. Tuesday marked the "safe harbour" deadline in federal law that states had to meet to ensure Congress would be essentially required to accept their certified election results. Occurring about a month after Election Day, December 8th is the deadline for final resolution of all election disputes, including court challenges. “safe harbor” provision of federal law, a state can be assured of having its chosen slate of electors recognized only if post-election disputes are re- solved within thirty-five days of Election Day. As states continue to tally election results, and the president’s campaign team continues to file more lawsuits, Americans are wondering what effect litigation might have on the outcome of the presidential election. Not coincidentally, such competing slates are precisely what prompted Congress to pass the ECA in the first place. The safe harbor provision played a prominent role in the Bush v. Gore case after the 2000 presidential election. Seven justices agreed that having a manual statewide recount would violate the equal protection rights of some voters; only five justices, though, agreed on what to do about it. What is Safe Harbor? Given the tiny size of the margin (less than one percent), Florida law mandated an automatic machine recount; that recount later showed that Bush only prevailed by 327 votes – a situation that entitled Al Gore to a manual recount. “They have a lot of incentive to do this because under the law, at that point Congress can’t review their results. Elura is also a former civil prosecutor for NYC's Administration for Children's Services, the CEO of Lawyer Up, and the author of How To Talk To Your Lawyer and the Legalese-to-English series. Safe harbor (law) Jump to navigation Jump to search. The safe harbor provision played a prominent role in the Bush v. Gore case after the 2000 presidential election. The other date, which is six days before the electoral college date, is the “safe harbor” deadline for states to choose electors that they can ensure will be accepted by Congress. By the end of the day, every state is expected to have made its election results official, awarding 306 electoral votes to Biden and 232 to Trump. If you elect to use the de minimis safe harbor, you don't have to capitalize the cost of qualifying de minimis acquisitions or improvements. Gore requested that recount in five counties. … [I] urge my colleagues to join me in giving states more time to collect, verify, and count votes without fear of having the results challenged in Congress.”, Have a tip we should know? In response, Congress passed a law on January 29, 1877, which formed a temporary, bipartisan “Electoral Commission” to settle the election results, which consisted of five members of the House, five of the Senate, and five Supreme Court justices. Similarly, a state might submit a slate of electors that one or the other candidate deems wrong. Intellectual Property Law Feature Films Customer Relationship Management Audit . 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