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. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  2. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  3. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  4. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  5. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well