This information becomes available when the Federal Register Office receives the Certificates of Vote after the electors cast their votes on December 15, 2008.
The Office of the Federal Register presents this material for informational purposes only, in response to numerous public inquiries. The list has no legal significance. It is based on information compiled by the Congressional Research Service. For more comprehensive information, refer to the statutory provisions provided.
The audio presents a discussion of how the political body or the judicial body can aid in settlling issues concerning votes cast for candidates by the electorate.
The California secretary of state should refuse to allow the state's 55 Electoral College votes to be cast in the 2008 presidential election
until President-elect Barack Obama verifies his eligibility to hold the office, alleges a California court petition filed on behalf of former presidential candidate Alan Keyes and others.
In cases like this, judges sometimes believe the matter is best left to political institutions, such as the Electoral College or Congress, said legal scholar Eugene Volokh of the University of California at Los Angeles.
The U.S. Supreme Court will consider Friday whether to take up a lawsuit challenging President-elect Barack Obama's U.S. citizenship, a continuation of a New Jersey case embraced by some opponents of Obama's election.
“[j]udicial review—if any—should occur
only after the electoral and Congressional processes have run their course.”
here
is no bright-line rule for ascertaining whether an injury is sufficiently imminent
to satisfy the injury-in-fact prong, but the Court has said that an
asserted right to have the government act in accordance with the law is not
sufficient.
Understood in this way, prudential standing presents formidable
difficulties for these plaintiffs and, indeed, for anyone seeking to challenge a
presidential candidates’ qualifications in federal court.
The
Warth-Newdow language suggests that federal courts should be especially
reluctant to find standing in cases asserting a “structural” constitutional
violation—like the prohibition on members of Congress serving in the
executive branch or the requirement that a president be a natural born
citizen—as opposed to the violation of individual rights.
It is doubtful, however, that they are justiciable in lower federal courts. Standing requirements and the political question doctrine make it unlikely that a federal court will reach the merits in cases of the type filed to date. Justiciable means can the case be heard in a court or not? It is believed that this issue is more properly addressed by the political process and NOT the courts.
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