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. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

  2. Mazel Tov to the newlyweds. And to those bakers, photographers, printers, clerks, judges and others who will lose careers and social standing for not saluting the New World (Dis)Order, we can all direct our Two Minutes of Hate as Big Brother asks of us. Progress! Onward!

  3. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

  4. If justice is not found in a court room, it's time to clean house!!! Even judges are accountable to a higher Judge!!!

  5. The small claims system, based on my recent and current usage of it, is not exactly a shining example of justice prevailing. The system appears slow and clunky and people involved seem uninterested in actually serving justice within a reasonable time frame. Any improvement in accountability and performance would gain a vote from me. Speaking of voting, what do the people know about judges and justice from the bench perspective. I think they have a tendency to "vote" for judges based on party affiliation or name coolness factor (like Stoner, for example!). I don't know what to do in my current situation other than grin and bear it, but my case is an example of things working neither smoothly, effectively nor expeditiously. After this experience I'd pay more to have the higher courts hear the case -- if I had the money. Oh the conundrum.

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