Dear Governor Taft, Speaker Householder & President White:
We write with an urgent request that you either delay or treat as provisional the scheduled December 13 meeting of the State of Ohio's 2004 Presidential electors and the submission of the certificates of ascertainment until resolution of pending recounts and challenges regarding the Ohio presidential vote. We are sure you would agree that no election is final, or should be deemed final, until all votes are counted and disputes are settled.
Notwithstanding federal statutory requirements that electors meet in their respective states on December 13, 2004,1 it is imperative and necessary under the Constitution of the United States that the State of Ohio delay or treat as provisional its meeting. First, federal law also provides that state legislatures may settle election controversies and contests six days prior to the meeting of electors, such that all disputes would be resolved by December 7, 2004.2 In this situation, it does not appear that the Ohio state legislature has made a decision to avail itself of this provision.
Secretary Blackwell declared his results on December 6, so late a date that he engineered a conflict with state recount laws. Ohio law sets two deadlines pertaining to recounts. First, it provides that applications for statewide recounts must be submitted within five days of the secretary of state's declaration of results.3 Second, such recounts must begin within ten days of the recount request.4 Moreover, it is worth noting that your state law automatically allows candidates who were not declared winners to seek recounts.5
Secretary Blackwell gave county boards of election until December 1 to certify their returns, and then waited to declare his own results on December 6. As a consequence, recounts may be sought at least until December 11 and must begin by December 16. It is impossible, therefore, for the December 6 results to be the official certification of the State of Ohio. The law providing a right to a recount would be an empty right in this scenario.
rest of the letter
http://www.buzzflash.com/alerts/04/12/ale04100.html