The Process to Elect the President

Link: http://www.archives.gov/federal-register/electoral-college/about.html

© ignoranceorapathy.com 11/08/2008

The United States is a Representative Republic, not a Democracy. The Electoral College is part and parcel to that system. Here is the short version of the Electoral College process.
I felt a need to do this, as many people seem to be under the false impression that the Presidential election process is over and settled. Some seem to think that the only way to settle the Obama citizenship issue now is to file lawsuits in court. I do not agree that the judiciary has a role in this matter at this point.

Information gleaned from the National Archives Website

Key dates for the 2008 election cycle:

Follow up:

Some Key items you should know about the process:

Electoral College Instructions
Appoint Electors
The United States Constitution and Federal law do not prescribe the method of appointment other than requiring that electors must be appointed on the Tuesday after the first Monday in November (November 4, 2008). In most States, the political parties nominate slates of electors at State conventions or central committee meetings. Then the citizens of each State appoint the electors by popular vote in the state-wide general election. However, State laws on the appointment of electors may vary.
Under the Constitution, State legislatures have broad powers to direct the process for selecting electors, with one exception regarding the qualifications of electors. Article II, section 1, clause 2 provides that "no Senator, Representative, or Person holding an Office of Trust or Profit under the United States" may be appointed as an elector.

Distribute the Certificate of Ascertainment
One of the seven original Certificates of Ascertainment, along with two certified copies (or two additional originals) must be sent by registered mail.
The original Certificate and two certified copies (or duplicate originals) should be sent to the Archivist as soon as possible after the November 4 election results are finalized. At the very latest, they must be received by the electors on the statutory deadline of December 15, 2008 and submitted to the Archivist no later than December 16, 2008.

Hold the Meeting of Electors
On the first Monday after the second Wednesday in December (December 15, 2008), the electors meet in their respective States. Federal law does not permit the States to choose an alternate date for the meeting of electors - it must be held on December 15, 2008. The State legislature may designate where in the State the meeting will take place, usually in the State capital. At this meeting, the electors cast their votes for President and Vice President.
If any electors are unable to carry out their duties on the day of the Electoral College meeting, the laws of each State would govern the method for filling vacancies. Any controversy or contest concerning the appointment of electors must be decided under State law at least six days prior to the meeting of the electors.

So based on the process, Senator Obama is technically not President-Elect Obama, well not yet anyway. The states did, as prescribed, hold general elections on the first Tuesday following the first Monday in November (Nov. 4th). On that day as described above all that was done was a slate of electors was chosen.

a process that began as part of the original design of the U.S. Constitution. The Electoral College was established by the founding fathers as a compromise between election of the president by Congress and election by popular vote. The people of the United States vote for the electors who then vote for the President.

Next comes the meeting of the electors to cast their ballots and actually elect the next President of the United States. The process of course as described above does not stop there, it must be certified by a joint session of congress before it is actually official.

The most important part of this process is this phrase from above:
There is no Constitutional provision or Federal law requiring electors to vote in accordance with the popular vote in their States.

So while there is much hand wringing about Obama’s eligibility under Article II of the Constitution and which court to argue the case in, this is not actually a case for the courts at all. At this point all that should be done is the Electors should let it be known they have doubts about a candidates eligibility and request verification to be provided before the first Monday after the second Wednesday of December. The deadline for the Electoral College to meet and cast their votes for Office of President and Vice President.

There is no need to file in court, there is no need to inject the judiciary into this matter. It is simply a matter of the electors requiring for themselves proof of eligibility before they vote. They should make it known to each of the two candidates that if either candidate is not willing to or cannot provide eligibility documentation, then the electors will have no choice but to cast their votes to the documented eligible candidate.
As clearly stated above, information taken directly from the National Archives Website:
There is no Constitutional provision or Federal law requiring electors to vote in accordance with the popular vote in their States.

In a previous article: Obam Must Stand Up Now or Stand Down I sight a very lengthy and well written article by noted Constitutional lawyer and scholar Dr. Edwin Vieira Jr.
http://newswithviews.com/Vieira/edwin84.htm
Lengthy but well worth the time to read, it outlines the problems with an ineligible candidate attempting assume the office of the President.

That’s how I see it but hey, I am no “lawyer”.

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