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Will Kerry be elected President by the Electoral College in eight days?


If you are like most people, you did a double-take at the title of this article. But, strange as it seems, it could happen. The Ohio vote for President is going to be recounted in accordance with Ohio law which affords a recount to any candidate for an office in Ohio provided they are willing to pay the costs. To date, the Libertarian Party, the Green Party, and most recently the Democratic Party have joined forces to request a recount in Ohio to ensure that every vote is counted. Unlike Florida, Ohio has very specific laws for how a recount is to be conducted, thus it is unlikely that the Supreme Court would intervene on a basis of equal protection.

Nor is eight days from now the absolute deadline. That would be the first opportunity to vote, but should a recount not be completed in time, that could be extended several weeks. According to constitutional law, the electoral college votes are not counted by the congress until the first day congress meets in January.

Is there a likelihood that the official certified results in Ohio will be overturned in the recount? It is impossible to tell at this point, but there is hope for those who wish for this. Without a recount, several large problems have already been detected with the Ohio vote.

- A precinct in Franklin County that had approximately 800 registered voters, but recorded 4000 votes for Bush.

- Sandusky County election officials discovered that about 2,600 ballots from nine precincts were counted twice, likely because of worker error

- the New York Times reported that there are 90,000 undervotes, overvotes and other miscounted votes

The current certified total gives Bush a margin of victory of 119,000 votes. Absent a series of massive errors or discoverable fraud, that difference will likely stand up to a recount. But, after the way the last two elections have gone, after the vote has gotten 20,000 votes closer than election day without a recount, after the issues we already know about listed above, I think we all should hold on to our hats.

Steven Leser, stevenleser@walla.com



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