Electoral College documents in Indianapolis court

December 7, 2012
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Those of you who paid attention in government classes or have a nose for history may already know the role the U.S. District Courts play with Electoral College Documents. I recently learned that a court in each state is required to house a set of Electoral College documents for safekeeping.

In Indiana, that court is the Indianapolis courthouse in the Southern District of Indiana. The requirement goes back to an 1847 act of Congress and typically the documents are held in the nearest U.S. District Court to the state capitals. The documents are a certificate of ascertainment and the other is the final vote and is signed by the electors who took part.

Doria Lynch, the court historian for the U.S. District Court for the Southern District of Indiana, invited me over to the Indianapolis courthouse to take a look at the documents, which date back to 1924.
 Lynch isn’t sure why the court doesn’t have any documents from before that year. She also said the court hasn’t received this year’s election documents yet.

Lynch showed me the certificates Thursday afternoon. She even had the original envelopes used to mail the documents to the court. It was interesting to see not only how the forms and signatures changed and evolved as the years have gone by, but you could also see how Indiana’s Electoral College votes shrank from 15 in 1924 to the current 11. Click here to see the electoral college document choosing Franklin D. Roosevelt and John Garner.

(Please forgive the somewhat blurry photos of the documents I snapped while looking through them. I hope they give you an idea of what the forms look like.)

What’s the reason the courts are involved? To make sure there was a backup in case the originals were lost or invalidated. Forget email and fax machines, those documents used to be carried on horseback and by carriage, according to Miriam Vincent, staff attorney for the National Archives and Records Administration. She discussed the role the courts play in the Electoral College process in a news release from the United States Courts.

The 51 designated courts are required to keep the documents in a safe place. Under federal record disposition guidelines for the U.S. District courts, the courts may dispose of the documents six months after their date of issuance. The courts have never been asked to produce the backup versions.


“There is still a need to do things on paper, and there is still a need for redundancy,” Vincent said of the Electoral College certificates. “Some may see this as a relic of the 19th century, but the truth is that it’s worked since 1847. Congress has enough other things to focus on that I don’t know of any idea to monkey around with this at this point.”

Electors cast their votes Dec. 17 and the final tallies of the Electoral College will be ratified before a joint session of Congress on Jan. 6.  

 




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  1. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  2. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  3. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

  4. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  5. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

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