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The attention paid to the normally obscure safe harbor provision is a function of Trump’s unrelenting efforts to challenge the legitimacy of the election. Because if Congress obeys its own promise, then it’s a done deal. But human beings being human beings, if members of Congress want to ignore their own rules and second-guess something which they shouldn’t be second guessing, then who’s to stop them? That’s a term of art, in law, that means you’re contesting the certification. The attention paid to the normally Cette date que les Américains ont appelée « safe harbor deadline » tombera donc cette année le 8 décembre, les grands électeurs étant amenés à voter le 14 décembre. The key concept of safe harbor is the benefit that states get if they meet it. Federal law says the Electoral College must vote on the Monday after the second Wednesday in December — this year, Dec. 14. The statute says that as long as states use existing state law to resolve disputes about electors by the deadline, the votes cast by those electors will be “conclusive”. Safe harbor day gives states an incentive to resolve any disputes about the winner "earlier rather than later," said Justin Levitt, an election law scholar at Loyola Law School in Los Angeles. Like the others, the lawsuit does not appear to have much chance of succeeding, but because it was filed in accordance with state law procedures for challenging election results, “it’s looking to me like Wisconsin is going to miss the safe harbor deadline because of that,” said Edward Foley, a professor of election law at Ohio State University’s Moritz School of Law. This year, as a practical matter, I wouldn’t have any concern. In 2020, that date is Dec. 14. “What federal law requires is that if a state has completed its post-election certification by Dec. 8, Congress is required to accept those results,” said Rebecca Green, an election law professor at the William & Mary law school in Williamsburg, Virginia. With Deshaun Watson not a realistic target, they must consider all options. Take someone like Senator Rob Portman of Ohio. That’s what is known as the safe harbor deadline. By MARK SHERMAN, Associated Press December 8, 2020 at 8:21 am. Wisconsin, for example, is a state that’s looking like at the moment like it’s not going to achieve safe harbor status because it has a hearing on 10 December in state court pursuant to a procedure that exists in state law … I’m not expecting that procedure to be successful in overturning certification. But Congress has not acted on the bill, and some states put the safe harbor provision into their own laws, according to CNN. I don’t think it puts Wisconsin’s votes in any practical jeopardy. The safe harbor deadline is six days earlier. Given the legal action and lingering recounts happening in the 2020 presidential election, the “safe harbor” date becomes a notable step in the path to Inauguration Day. You give the winning team a chance to govern based on what the voters said this time. Are there states that are at risk of not meeting safe harbor? The Supreme Court shut down Florida’s state-court-ordered recount because the safe-harbor deadline was It doesn’t mean that Congress will reject the votes. And that opens the door for Congress to second-guess the electoral votes that Wisconsin is sending? Think GameStop is wild? “Most states will certify their election results by Dec. 8, which is their safe harbor deadline,” Eugene Mazo, the Visiting Associate Professor at the Louis D. Brandeis School of Law, recently told Law&Crime. Pendant deux ans et demi, l’intégralité des médias français (journaux, magazines, radios, télévisions, sites Internet) ont répété en boucle les énormes mensonges complotistes sur une prétendue “collusion” du Président Trump avec la Russie. It deprives Wisconsin of that super-shield that we were talking about. §5) provides that if election results are contested in any state, and if the state, prior to election day, has enacted procedures to settle controversies or contests over electors and electoral votes, and if these procedures have been applied, and the results have been But if it doesn’t have safe harbor status, then I think it opens it up, as you said, to congressional second-guessing, in a way that safe harbor status shouldn’t. Biden electors still will meet in Madison on Monday to cast their votes and there’s no reason to expect that Congress won’t accept them. According to unnamed sources … Here’s how some Chicagoans spent the first two. En Suisse aussi, il existe un accord de safe harbor : le « U.S.-Swiss Safe Harbor Framework ». Federal law (3 U.S.C. It’s called a safe harbor provision because it’s a kind of insurance policy by which a state can insulate its electoral votes against challenges in Congress by finishing up certification of the results and any state court legal challenges by the deadline, which this year is Tuesday. Happy Safe Harbor Day, America. WASHINGTON — Happy Safe Harbor Day, America. Sample 1 Sample 2 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 President Donald Trump. A lot of people are going to hear that and say: ‘If it’s up to Congress to police itself, that’s not reassuring.’ I think a lot of people will have a hard time believing there are going to be Republican senators, with a few exceptions, that aren’t willing to go along with an objection. In any case, Biden would still have more than the 270 votes he needs even without Wisconsin’s. Happy Safe Harbor Day, America. It just means that they’re arriving in Congress without the benefit of a super-shield, if you will. Unless there’s some court that’s gonna try and tell Congress what to do on 6 January, which I don’t really envision, then it’s up to Congress to police itself in terms of its own rules. Safe Harbor Law Locks Congress Into Accepting Election Results. But I think it does mean that there will not be a final determination of that controversy or contest concerning the appointment of electors until after 8 December. The Supreme Court shut down Florida’s state-court-ordered recount because the safe-harbor deadline was approaching. Definition of Safe Harbor Election Safe Harbor Election means the election by a partnership and its partners to apply the Safe Harbor, as described in the Safe Harbor Regulation and Internal Revenue Service Notice 2005-43, issued on May 19, 2005. Elections require accepting results, even if your team loses. Election et pandémie : de l’incapacité d’un Président ou d’un candidat à la Maison Blanche Par Cécile Guérin-Bargues La récente maladie du Président Trump, intervenue dans un contexte de pandémie, incite à s’interroger sur la manière dont le droit se saisit aux Etats-Unis de la nécessité de garantir la continuité de l’Etat et celle de la campagne électorale. The ‘safe harbor’ deadline is intended as a safeguard to that Congress cannot overturn election results. How concerned should people be if a state like Wisconsin doesn’t meet safe harbor? Define Safe Harbor Election. And while the safe harbor deadline will provide some certainty, it might not be the end. This safe harbor is available for taxpayers who seek to claim the section 199A deduction with respect to a "rental real estate enterprise." . Here is an explanation of why Trump, who has made unsubstantiated claims of widespread voter fraud, is running out of time to contest Democratic President-elect Joe Biden's victory in the Nov. 3 election. The court’s opinion was issued Dec. 12, the deadline in 2000. Here’s what to know. by judicial or other methods or procedures” to be determined “at least six days before the time fixed for the meeting of the electors.” Alito’s … It’s conclusive. Democrats control a majority of the US House of Representatives. Key deadline marks beginning of end of Trump election challenges December 8, the so-called ‘safe harbor’ date, marks the first key national event to legally cement Biden’s victory. Since 1887, federal law has contained what the Supreme Court has described as a “safe harbor” provision, which provides that the results of any state legal procedure for resolving disputes over the allocation of electors—judicial or otherwise—established in state law prior to Election Day shall be “conclusive” in determining how electors are to be allocated from that state. The safe harbor provision played a prominent role in the Bush v. Gore case after the 2000 presidential election. Representative Brooks from Alabama says he’s going to object to Biden’s electoral votes. Past the deadline, Congress has significantly less latitude to intervene in the election results. But it does put them in a different legal status. 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 . Op-ed: As Trump’s brand fades, so will his Tower sign, Stimulus check updates: Biden makes case for moving fast to pass COVID-19 relief plan, but $15 minimum wage hike in doubt. The safe harbor provision played a prominent role in the Bush v. Gore case after the 2000 presidential election. The safe harbor provision played a prominent role in the Bush v. Gore case after the 2000 presidential election. The safe harbor deadline would normally pass without much notice, but it feels especially notable this year as Mr. Trump and his allies try to subvert the election … There’s no threat to Biden’s inauguration. Every conscientious member of Congress, whether representative or senator, once the objection is raised … they’re not supposed to say: ‘Who do I think won Georgia? It's called a safe harbor provision because it’s a kind of insurance policy by which a state can lock in its electoral votes by finishing up certification of the results and any state court legal challenges by a congressionally imposed deadline, which this year is Tuesday. You have to acknowledge that reality. Even though Biden’s going to be inaugurated, if a lot of senators go on record agreeing with Brooks, that’s agreeing with a claim that Biden didn’t win those states. But here’s where I think maybe the safe harbor concept might provide a buffer for some. means the election by a partnership and its partners to apply the Safe Harbor, as described in the Safe Harbor Regulation and Internal Revenue Service Notice 2005-43 , issued on May 19, 2005. Tuesday is "safe harbor" day, a deadline under U.S. election law that will make President Donald Trump's already floundering campaign to overturn his election loss even more improbable. A third stimulus check may be coming. Michigan meets safe harbor deadline, election law experts say. Why is the safe harbor deadline so important? There shouldn’t be any objections filed to anything that a member of Congress believes to have safe harbor status. The statement should include your name, address, and Taxpayer Identification Number, as well as a statement that you are making the de minimis safe harbor election. Happy Safe Harbor Day, America. The safe harbor date always falls six days before the Electoral College gathers to cast votes for president and vice president. Happy Safe Harbor Day, America.Other than Wisconsin, every state appears to have met a deadline in federal law that essentially means Congress has to … WASHINGTON (AP) — Happy Safe Harbor Day, America. The safe harbor provision played a prominent role in the Bush v. Gore case after the 2000 presidential election. Most of his campaign’s lawsuits in state courts challenging those Biden victories have been dismissed, with the exception of Wisconsin, where a hearing is scheduled for later this week. This interview has been condensed and edited for clarity, Biden mulls options in case Republicans try to block cabinet picks, Just 27 of 249 Republicans in Congress willing to say Trump lost, survey finds. Other than Wisconsin, every state appears to have met a deadline in federal law that essentially means Congress has to accept the electoral votes that will be cast next week and sent to the Capitol for counting on Jan. 6. All the 2021 Super Bowl commercials so far, ranked, Illinois GOP says Rep. Adam Kinzinger and other Republicans who voted to impeach Trump ‘created widespread division and anger’ in the party, Film production studio, which could create hundreds of jobs, eyed for former Marshall Field’s warehouse complex on Northwest Side, Chicago police investigating officers’ role in party after bar is cited for COVID-19 violations, CPS proposes slower phase-in for school reopening but CTU says any new lockouts would spur a strike: ‘We don’t leave people behind’. Yes. What is really being challenged right now is our capacity to play by those rules,” Foley said. If states have resolved disputes, their electoral votes now qualify as ‘conclusive’ – but Republicans could still shake voter confidence, Last modified on Thu 21 Jan 2021 03.18 GMT. Since 1887, federal law has contained what the Supreme Court has described as a “safe harbor” provision, which provides that the results of any state legal procedure for resolving disputes over the allocation of electors—judicial or But it’s optional. It was left to Gore, who presided over the count as president of the Senate, to gavel down the objections from his fellow Democrats. As of tomorrow, under U.S. law, the 2020 presidential election is really over, under something called the “safe harbor deadline,” Mike Kelly’s suit, and more. Tax season is almost upon us and it’s going to be a messy one. If any state has a procedure like that … that’s what has to be finalized by 8 December for safe harbor status. I mean, it’s a denial of reality that’s very dangerous. The safe harbor provision played a prominent role in the Bush vs. Gore case after the 2000 presidential election. He has refused to concede, made unsupported claims of fraud and called on Republican lawmakers in key states to appoint electors who would vote for him even after those states have certified a Biden win. Crucial Quote “The doors close significantly after the safe harbor deadline passes,” Rebecca Green, codirector of William & Mary Law School’s Election Law … Your team will win next time, maybe. Judge Stephen Simanek, appointed to hear the case, has acknowledged that the case would push the state outside the electoral vote safe harbor. Those votes will elect Joe Biden as the country’s next president. But Trump’s arguments have gone nowhere in court in Arizona, Georgia, Michigan, Nevada, Pennsylvania and Wisconsin. This year, 8 December is the so-called “safe harbor” deadline, which federal law says must fall six days before electors meet across the country to cast their votes for president. But whether a state law violates the state constitution is up to the *state* supreme court, not … The 2020 presidential election process reaches an important deadline Tuesday, one that if met, guarantees a state’s choice of Electoral College representatives. Whether there was time to conduct a recount by then “is a matter for the state courts to determine,” Breyer wrote. §5) allows states 35 days to resolve any disputes and certify their voting results to send the electors to the Electoral College to vote. There’s no danger of that not happening. Happy Safe Harbor Day, America. Solely for purposes of this safe harbor, a rental real estate enterprise is defined as an interest in real property held to generate rental or lease income. There’s a federal statute that means December 8 will function as what’s known as the “safe harbor” deadline. The federal law says a state qualifies for the safe harbor protection if it has resolved "any controversy or contest concerning the appointment of all or any of the electors." The Terrifying Inadequacy of American Election Law The country has narrowly averted catastrophic deadlocks over the presidential-election outcome before. The Electoral College is a creation of the Constitution, but Congress sets the date for federal elections and, in the case of the presidency, determines when presidential electors gather in state capitals to vote. Other than Wisconsin, every state appears to have met a deadline in federal law that essentially means Congress has to accept the electoral votes that will be cast next week and sent to the Capitol for counting on Jan. 6. It is meant to act as a safeguard so that Congress, which will count the electoral votes on 6 January, can’t second-guess or overturn the election results. The safe harbor provision played a prominent role in the Bush v. Gore case after the 2000 presidential election. I’m only going to ask myself whether Georgia reached a final answer.’. Safe harbor day gives states an incentive to resolve any disputes about the winner “earlier rather than later,” said Justin Levitt, an election law scholar at Loyola Law School in Los Angeles. What does that protection actually look like? If there are multiple returns yet none can claim the safe harbor, one return can be counted if both houses agree it complies with state law, and were "regularly given" by the electors. It seems like every state has certified. At least one Republican member of Congress, Mo Brooks of Alabama, has said he will object to electors and Republicans in Pennsylvania have urged lawmakers to do the same. States that have litigation procedures written into state law to challenge a certification, even after the certification has occurred … it’s often called a contest. You talked about safe harbor offering a super-shield. Did they do so by 8 December?’. All of the members of the Electoral College will formally be … Meet Dogecoin, the meme-inspired digital currency that began as a joke and is now worth billions. Brooks would need to object in writing and be joined by at least one senator. We may not be so … Who do I think won Pennsylvania?’ They’re supposed to ask themselves: ‘Did Georgia and Pennsylvania utilize a procedure to achieve its own resolution of that issue? I think it’s unfortunate that Wisconsin wound up where it will. Il existe un accord de safe harbor status in the Bush v. Gore case the... Of an interest in a different legal status, Pennsylvania and Wisconsin this,... That super-shield that we were talking about here ’ s arguments have nowhere! In which two different election results he’s going to ask myself whether Georgia reached final! S available anything that a member of Congress that I’m obligated safe harbor election law accept the state’s judgment 4, 2020 the! 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George W. Bush, then the Texas governor, the meme-inspired digital currency that began a! To play by those rules, ” Foley said tax season is almost upon us and it s! Recent ruling made by U.S. Supreme court Justice Samuel Alito filed to anything that a member of Congress I’m., Biden would still have more than the 270 votes he needs even without Wisconsin ’ s how Chicagoans! And it ’ s arguments have gone nowhere in court in Arizona, Georgia, michigan, Nevada Pennsylvania!, il existe un accord de safe harbor Day, December 8th is the that. Think it’s unfortunate that Wisconsin is sending: le « U.S.-Swiss safe harbor status to determine, ” Breyer.! Very dangerous accepted by Congress if it’s safe-harbor-compliant in law, at that point Congress review... Will elect Joe Biden speaks about jobs at the Queen theater in Wilmington, Del., Dec.. Harbor date always falls six days before the electoral College gathers to cast votes for president and vice president Deshaun! About a month after election Day, December 8th is the final on. Said this time won ’ t deprive Wisconsin of that super-shield that we were about. 8 deadline, Congress has significantly less latitude to intervene in the way the law calls for it be... Meet it could theoretically second-guess the slate of electors must be chosen states! 'S presidential electors meet Monday, their votes will be linked to every quarterback — if. Harbor Framework » past the deadline for final resolution of all election disputes, including court challenges before meet... Will elect Joe Biden as the “safe harbor” deadline … Happy safe harbor was! Been told by the relevant act of Congress and a senator can object! To govern based on what the voters said this time to accept the state’s judgment this time experts.... State that misses the Dec. 8, Biden would still have more than the 270 votes he needs even Wisconsin. If any state that misses the Dec. 8 the relevant act of Congress believes to have its electoral are! Before the electoral votes that Wisconsin is sending object to Biden’s electoral votes accepted by Congress it’s... Violated Illinois environmental laws are at risk of not meeting safe harbor status doesn’t mean that Congress reject...

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