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3 U.S.C. § 5Certificate of ascertainment of appointment of electors

submitted 78 years ago by ch. 644 to r/title-3-THE-PRESIDENT · 732 words · no verdicts yet

in plain englishAI-generated · not legal advice

Each state's executive must certify which electors the state appointed. The executive sends this certificate to the Archivist and to the electors. Congress treats the certificate as final, and a special court process handles candidate disputes about it.

(a) In General. Each state's executive must issue a "certificate of ascertainment" — an official document naming the state's appointed electors — no later than 6 days before the electors meet. The executive follows the state's own election laws, as long as those laws were passed before election day. The certificate must list the electors chosen and show the vote count (or other method used) that determined who was appointed for each candidate. It must carry the state's official seal. And it must include at least one security feature — something the state picks — so people can verify it's authentic. (b) Transmission. The state's executive has two jobs here. First, right after issuing the certificate, the executive must send it to the Archivist of the United States, using the fastest method available. Second, by the day the electors are required to meet (set in section 7), the executive must send six duplicate originals of the same certificate to the state's own electors. (c) Treatment of Certificate as Conclusive. For purposes of section 15 (the law governing how Congress counts electoral votes), this certificate normally settles the question of who the state's electors are — Congress must treat it as final. There's an exception: if a state or federal court orders a certificate to be issued or revised before the electors meet, that court-ordered certificate replaces and overrides any earlier certificate. Also, whenever federal courts decide a constitutional or federal-law question about a certificate, that court ruling is likewise treated as final by Congress. (d) Venue and Expedited Procedure. If a candidate for President or Vice President who was harmed by how a certificate was issued or sent brings a lawsuit under the Constitution or federal law, special rules apply. The case must be filed in the federal district court located in the state's capital. It must be heard by a panel of three judges — two from the circuit court of appeals and one from the district court — and a particular rule that normally lets a single judge decide (28 U.S.C. § 2284(b)(2)) does not apply here. The court must move the case ahead of other business and decide it as fast as possible. If the case is appealed, the Supreme Court can review the panel's final decision directly, on an expedited basis, aiming to finish before the day before the electors meet. This subsection only sets up where such a lawsuit is filed and how fast it moves — it doesn't create any new right to sue, and it doesn't erase or replace any lawsuit that already existed under other law.
the actual law source: uscode.house.gov ↗public domain
(a)In General.—
(1)Certification.—

Not later than the date that is 6 days before the time fixed for the meeting of the electors, the executive of each State shall issue a certificate of ascertainment of appointment of electors, under and in pursuance of the laws of such State providing for such appointment and ascertainment enacted prior to election day.

(2)Form of certificate.—

Each certificate of ascertainment of appointment of electors shall—

(A)

set forth the names of the electors appointed and the canvass or other determination under the laws of such State of the number of votes given or cast for each person for whose appointment any and all votes have been given or cast;

(B)

bear the seal of the State; and

(C)

contain at least one security feature, as determined by the State, for purposes of verifying the authenticity of such certificate.

(b)Transmission.—

It shall be the duty of the executive of each State—

(1)

to transmit to the Archivist of the United States, immediately after the issuance of a certificate of ascertainment of appointment of electors and by the most expeditious method available, such certificate of ascertainment of appointment of electors; and

(2)

to transmit to the electors of such State, on or before the day on which the electors are required to meet under section 7, six duplicate-originals of the same certificate.

(c)Treatment of Certificate as Conclusive.—

For purposes of section 15:

(1)In general.—
(A)Certificate issued by executive.—

Except as provided in subparagraph (B), a certificate of ascertainment of appointment of electors issued pursuant to subsection (a)(1) shall be treated as conclusive in Congress with respect to the determination of electors appointed by the State.

(B)Certificates issued pursuant to court orders.—

Any certificate of ascertainment of appointment of electors required to be issued or revised by any State or Federal judicial relief granted prior to the date of the meeting of electors shall replace and supersede any other certificates submitted pursuant to this section.

(2)Determination of federal questions.—

The determination of Federal courts on questions arising under the Constitution or laws of the United States with respect to a certificate of ascertainment of appointment of electors shall be conclusive in Congress.

(d)Venue and Expedited Procedure.—
(1)In general.—

Any action brought by an aggrieved candidate for President or Vice President that arises under the Constitution or laws of the United States with respect to the issuance of the certification required under section (a)(1), or the transmission of such certification as required under subsection (b), shall be subject to the following rules:

(A)Venue.—

The venue for such action shall be the Federal district court of the Federal district in which the State capital is located.

(B) 3-judge panel.—

Such action shall be heard by a district court of three judges, convened pursuant to section 2284 of title 28, United States Code, except that—

(i)

the court shall be comprised of two judges of the circuit court of appeals in which the district court lies and one judge of the district court in which the action is brought; and

(ii)

section 2284(b)(2) of such title shall not apply.

(C)Expedited procedure.—

It shall be the duty of the court to advance on the docket and to expedite to the greatest possible extent the disposition of the action, consistent with all other relevant deadlines established by this chapter and the laws of the United States.

(D)Appeals.—

Notwithstanding section 1253 of title 28, United States Code, the final judgment of the panel convened under subparagraph (B) may be reviewed directly by the Supreme Court, by writ of certiorari granted upon petition of any party to the case, on an expedited basis, so that a final order of the court on remand of the Supreme Court may occur on or before the day before the time fixed for the meeting of electors.

(2)Rule of construction.—

This subsection—

(A)

shall be construed solely to establish venue and expedited procedures in any action brought by an aggrieved candidate for President or Vice President as specified in this subsection that arises under the Constitution or laws of the United States; and

(B)

shall not be construed to preempt or displace any existing State or Federal cause of action.

Source credit: (June 25, 1948, ch. 644, 62 Stat. 673; Pub. L. 117–328, div. P, title I, § 104(a), Dec. 29, 2022, 136 Stat. 5234.)

history & why it existsrecord from the source credit
  • 1948Enacted · Act of June 25, 1948, ch. 644 · 62 Stat. 673
  • 2022Amended · Pub. L. 117-328 · 136 Stat. 5234

A history note hasn’t been published yet. The record shows enactment by ch. 644 on 1948-06-25.

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