When I wrote this:
Senator:
I believe that the Moss V. Bush case before the Ohio Supreme Court has merit. I doubt that your staff will have trouble finding it, but I reviewed a scanned PDF file of the case here:
http://freepress.org/images/departments/Election_Contest_2.pdf Please inform me if this is not a true copy. I remind you that there is significant evidence yet to be presented in this case, and that discovery has not yet begun. The filing also mentions problems in five other States, but the Ohio court has no jurisdiction.
The best argument I've found for Congress to stand up on the 6th comes from Bush V Gore in Justice Breyer's dissent <
http://supct.law.cornell.edu/supct/html/00-949.ZD3.html>, when speaking as to why the Court should not have heard the case to begin with:
(Emphasis mine)
To the contrary, the Twelfth Amendment commits to Congress the authority and responsibility to count electoral votes. A federal statute, the Electoral Count Act, enacted after the close 1876 Hayes-Tilden Presidential election, specifies that, after States have tried to resolve disputes (through "judicial" or other means), Congress is the body primarily authorized to resolve remaining disputes. See Electoral Count Act of 1887, 24 Stat. 373, 3 U.S.C. § 5 6, and 15.
The legislative history of the Act makes clear its intent to commit the power to resolve such disputes to Congress, rather than the courts:
"The two Houses are, by the Constitution, authorized to make the count of electoral votes. They can only count legal votes, and in doing so must determine, from the best evidence to be had, what are legal votes .... The power to determine rests with the two Houses, and there is no other constitutional tribunal." H. Rep. No. 1638, 49th Cong., 1st Sess., 2 (1886) (report submitted by Rep. Caldwell, Select Committee on the Election of President and Vice-President).
The Member of Congress who introduced the Act added:
"The power to judge of the legality of the votes is a necessary consequent of the power to count. The existence of this power is of absolute necessity to the preservation of the Government. The interests of all the States in their relations to each other in the Federal Union demand that the ultimate tribunal to decide upon the election of President should be a constituent body, in which the States in their federal relationships and the people in their sovereign capacity should be represented." 18 Cong. Rec. 30 (1886)./
The way I read this, there is no requirement of evidence. One could argue that this is a Statutory mandate to contest any electoral slate when a controversy regarding that vote exists. The only requirement is a compelling enough argument. Once a challengeable vote is in fact challenged, each Congressman is Duty Bound by their oath of office to act in judgment of the acceptability of the electoral votes from that state.
Although it appears to be a long held tradition in American politics, I believe that the American people have evolved past the toleration of theft via electioneering, just as they evolved past the holding of slaves, past the denial of franchise to blacks and women, and past segregation. We the people can not continue to tolerate this behavior from our elected officials, and their hired gun staff.
I am writing to remind you that I and thousands of like minded citizens are here watching. Your actions are being documented and that documentation will be available when you seek re-election.
Already documented is the Senate's inaction in 2001 regarding the Florida Presidential election theft. I feel this is partially excusable because the Supreme court did rule on a case concerning the matter, but, that ruling stopped a recount effort that would have shown the fact that Vice-president Gore actually won Florida.
These are the specific public actions by you that I would like to see in the historical record:
1. Publicly declare that that you will delay the acceptance of Electors from any State until court cases concerning those electors are resolved.
2. Support the efforts of U.S. Rep. Conyers and other members of Congress to fully open Congressional investigations into the problems in the 2004 election.
3. Work towards the immediate appointment of a Special Prosecutor to investigate the election irregularities in all states named in Moss V. Bush, and in others as uncovered. Ensure that crimes discovered in that investigation are persued vigorously to the full extent of the law.
I have the utmost confidence in your ability to persuade your colleagues that failure to act on these issues will further undermine the confidence of the American people in their republic. I fear that the best case result of failure to act on these issues will be the genesis of a grass roots effort to reject all incumbents in future elections. The worst case scenario could include widescale riots or an armed defense of the Constitution.
My familial history in America predates the founding of The United States. I have ancestors who participated in the Continental Congress (Arthur StClair) and later, others in the Whiskey Rebellion (James StClair). The roots of patriotism run deep in me. I therefore take this matter very seriously.
Unless I am provided a Gallery pass, I will be outside The Capitol on January 6 to demonstrate my support for your anticipated courageous actions in this matter.
Please keep me informed and let me know how I may assist you in upholding your oath of office.
Faithfully,
<redacted>
-Hoot
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