Screw-up in Ohio: Ineligible elector

One of Kerry's electors in Ohio is Rep. Sherrod Brown, a Member of
Congress. However, the Constitution forbids federal office holders from being electors. If Kerry wins Ohio, Brown's right to cast an
electoral vote almost certainly will be challenged in court.

Article II, Section 1: "...no Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an Elector."

Somebody needs to be taken to the woodshed about this.

I'll bet it's not the first time.

if the elector cant cast their vote they could just recuse themselves and allow the alternate to go instead.

no?

The National Journal Group, Inc.
The Hotline October 26, 2004

COULD OHIO BE WORTH JUST 19 EVs TO KERRY?

In violation of the U.S. Constitution, an elected federal officer (in this case, Rep. Sherrod Brown), is one of Kerry's 20 Ohio electors.

Pennsylvania Democrats made this mistake in 1992 when Rep. John Murtha was appointed an elector. During the PA Electoral College meeting that December, the group simply unanimously voted to replace Murtha. But with the GOP in charge of Ohio's governor and elections office, the state may have different rules and if one elector matters, it may not be as easy for OH Dems to simply replace Brown.

From the Ohio Revised Code:

§ 3505.39. Meeting of presidential electors.

The secretary of state shall immediately upon the completion of the canvass of election returns mail to each presidential elector so elected a certificate of his election and shall notify him to attend, at a place in the state capitol which the secretary of state shall select, at twelve noon on the day designated by the congress of the United States, a meeting of the state's presidential electors for the purpose of discharging the duties enjoined on them by the constitution of the United States. The secretary of state, ten days prior to such meeting, shall by letter remind each such elector of the meeting to be held for casting the vote of the state for president and vice-president of the United States. Each such elector shall give notice to the secretary of state before nine a.m. of that day whether or not he will be present at the appointed hour ready to perform his duties as a presidential elector. If at twelve noon at the place selected by the secretary of state presidential electors equal in number to the whole number of senators and representatives to which the state may at the time be entitled in the congress of the United States, are not present, the presidential electors present shall immediately proceed, in the presence of the governor and secretary of state, to appoint by ballot such number of persons to serve as presidential electors so that the number of duly elected presidential electors present at such time and place plus the presidential electors so appointed shall be equal in number to the whole number of senators and representatives to which the state is at that time entitled in the congress of the United States; provided, that each such appointment shall be made by a separate ballot, and that all appointments to fill vacancies existing because duly elected presidential electors are not present shall be made before other appointments are made, and that in making each such appointment the person appointed shall be of the same political party as the duly elected presidential elector whose absence requires such appointment to be made. In case of a tie vote the governor shall determine the results by lot. The electors making such appointments shall certify forthwith to the secretary of state the names of the persons so appointed and the secretary of state shall immediately issue to such appointees certificates of their appointment and notify them thereof. All of the state's presidential electors, both those duly elected who are then present and those appointed as herein provided, shall then meet and organize by electing one of their number as chairman and by designating the secretary of state as ex officio secretary and shall then and there discharge all of the duties enjoined upon presidential electors by the constitution and laws of the United States. Each presidential elector shall receive ten dollars for each day's attendance in Columbus as such and mileage at the rate of ten cents per mile for the estimated distance by the usual route from his place of residence to Columbus. Such compensation and mileage shall be upon vouchers issued by the secretary of state, and shall be paid by the treasurer of state out of the general fund.

HISTORY: GC § 4785-160; 113 v 307(382), § 160; Bureau of Code Revision, 10-1-53; 127 v 863. Eff 9-16-57.

n/t

Then, if Brown wins Tuesday's election, he will technically be a private citizen when he casts his electoral vote, and can be sworn in to serve his term in January.

He should lose any seniority he may have built up in the House.

Of course, that doesn't make this any less of a stupid fuck-up...

When the legislature has to certify the electors, it this is perceived as a proble, they select an alternate elector I|(they exist, just like alternate delegates). And that will be that.

i'm sure it's already been sorted out.