Hyla
on November 6, 2024
19 views
The Electoral Count Reform and Presidential Transition Improvement Act of 2022, which includes provisions for presidential transitions, introduces specific judicial processes for handling challenges related to the certification of electors. Here’s how the judicial process for challenges is structured under this act:
Expedited Judicial Review:
The act establishes a process for expedited judicial review for any action brought by an aggrieved presidential or vice-presidential candidate concerning the issuance or transmission of a certificate of ascertainment for electors. This is meant to address disputes or irregularities in the electoral process promptly.
Venue and Panel:
Any legal challenge regarding the certification of electors must be filed in the United States district court where the state capital is located.
These challenges are heard by a three-judge judicial panel composed of two circuit court of appeals judges and one district court judge, which aims to ensure a swift and authoritative decision.
Timing:
While the act doesn’t specify an exact deadline for when grievances must be filed, it outlines the process for an expedited judicial review which implies that grievances should be addressed promptly after the issuance or before the transmission of certificates of ascertainment. The judicial process is designed to conclude with a final order no later than the day before the electors meet, which typically happens in mid-December following the election.
Timeframe for Disposition:
The court is required to expedite the disposition of the case, setting deadlines for the action to ensure that disputes are resolved in time for the electoral process to proceed.
Direct Appeal to Supreme Court:
Any appeal from the decision of this panel can be taken directly to the Supreme Court of the United States on an expedited basis. This provision ensures that there is minimal delay in resolving disputes that could affect the presidential transition.
Final Order:
The final order on remand from the Supreme Court must occur at the latest on the day before the electors meet to cast their votes. This ensures that the electoral process can continue without undue delay.
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Bryon Collins
Well that's not needed since she conceded defeat and said everyone needs to just accept the results.
November 6, 2024