Experts: Don’t count on Dec. 12 deadline

By WILLIAM GLABERSON

The New York Times

When the U.S. Supreme Court stopped the counting on Saturday, some analysts said Vice President Al Gore could not recover from the blow because of the ticking clock that has dominated the battle for the White House.

But on Sunday, many legal experts said the so-called deadline of Dec. 12 — Tuesday — for choosing Florida’s electors was not really a deadline at all. If Gore wins a ruling from the justices in Washington, even after Tuesday, the counting can resume and continue, most experts say, at least until Dec. 18 — nextc Monday — when federal law says the Electoral College is to vote, and possibly even longer.

"There is nothing in the law that says the ballots can’t be counted past the 12th," said Abner Greene, a constitutional law expert at Fordham University School of Law in New York.

The idea of Dec. 12 as an immutable deadline has emerged in news accounts and in some court rulings in recent weeks because of imprecise explanations of complicated issues. Those issues concern federal laws describing procedures to be followed in Congress if there is a battle over competing slates of electors.

Also, when it benefited them, lawyers for both sides sometimes fostered the idea that all counting had to be completed by Dec. 12.

But in interviews on Sunday, several constitutional and election law experts said that if Gore’s lawyers defied predictions in this morning’s arguments in the Supreme Court and convinced the justices that the recount should continue, the so-called deadline would not prevent it.

"The 12th is a deadline only for the purpose of establishing a slate of electors from Florida that would be conclusive on Congress," said Larry Kramer, a constitutional law expert at New York University School of Law. "If they don’t make that deadline, nothing happens: the counting could continue."

Under federal law, Dec. 12 is the date this year for states to reach a "final determination of any controversy or contest" concerning their electors. The law says Congress is to treat a decision made by Dec. 12 as conclusive.

But the law does not prevent Congress from considering another slate and, if Gore were to win a recount, there could be considerable political pressure for Congress to acknowledge a Gore slate.

Some experts say vote-counting might even continue until Congress meets in early January — or perhaps even longer — if that were necessary. But the experts disagreed about what a truly final deadline might be.

Talk to us

More in Local News

Funko mascots Freddy Funko roll past on a conveyor belt in the Pop! Factory of the company's new flagship store on Aug. 18, 2017.  (Dan Bates / The Herald)
Lawsuit: Funko misled investors about Arizona move

A shareholder claims Funko’s decision to relocate its distribution center from Everett to Arizona was “disastrous.”

Lynnwood
1 stabbed at apartment in Lynnwood

The man, 26, was taken to an Everett hospital with “serious injuries.”

A firefighting helicopter carries a bucket of water from a nearby river to the Bolt Creek Fire on Saturday, Sep. 10, 2022, on U.S. Highway 2 near Index, Washington. (Ryan Berry / The Herald)
Red flag fire warning issued west of Cascades

There are “critical fire weather” conditions due to humidity and wind in the Cascades, according to the National Weather Service.

A house fire damaged two homes around 1:30 a.m. Tuesday, June 6, 2023 in Marysville, Washington. (Photo provided by Marysville Fire District)
Fire burns 2 homes in Marysville, killing 2 dogs

Firefighters responded to a report of a fire north of Lakewood Crossing early Tuesday, finding two houses engulfed in flames.

Logo for news use featuring the municipality of Mountlake Terrace in Snohomish County, Washington. 220118
Mountlake Terrace eyes one-time projects for $2.4M in federal funds

Staff recommended $750,000 for a new roof and HVAC at the library, $250,000 toward a nonprofit facility in Lynnwood and more.

The Snohomish River turns along the edge of the Bob Heirman Wildlife Preserve at Thomas’ Eddy on Wednesday, May 3, 2023 in Snohomish, Washington. (Olivia Vanni / The Herald)
To build a healthier Snohomish River, more log jams

About $2.8M in grants will help engineer log jams, tear down levees and promote salmon restoration at Bob Heirman Wildlife Preserve.

Dave "Bronco" Erickson stands next to the pink-and-purple 1991 Subaru Justy hatchback “Pork Chop Express” car that he is seeking to re-home for $500. The car has been on Whidbey Island for years, mainly as yard art. (Andrea Brown / The Herald)
For sale: Whidbey’s fabled ‘Pork Chop Express’ gets great smileage

Asking price is $500 for the 1991 Subaru Justy, a three-cylinder econobox with 65K miles and a transmission as rare as hen’s teeth.

Ciscoe Morris, a longtime horticulturist and gardening expert, will speak at Sorticulture. (Photo provided by Sorticulture)
Get your Sorticulture on: Garden festival returns to downtown Everett

It’s a chance to shop, dance, get gardening tips, throw an axe and look through a big kaleidoscope. Admission is free.

Marysville
Marysville resident sentenced to 15 years for fentanyl operation

Jose Eduardo Garnica received a shipment from China labeled “Furniture Parts.” It had fentanyl-manufacturing parts.

Most Read