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View Diary: [Updated] Ohio to outlaw recounts and shield Diebold (196 comments)

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  •  OSU Law prof: HB 3=NO federal contest (none)
    I just found this testimony on HB 3 by Daniel Tokaji, assistant professor of law at Ohio State's Moritz College of Law.  See page four of the pdf to find the following, boldface added:

    The other provision eliminates Ohio's contest for all federal elections, inclusing both presidential and congressional contests. Sub HB 3 provides that such contests "shall be conducted with the applicable provisions of federal law."

    It is not clear what law this is referring to, as there is no analogous federal statute providing for contests. Perhaps "federal law" refers to the timetable for electoral ballot counting.  Yet federal law contains no contest provision, but instead requires Congress to defer to the states, in cases where there's been a "final determination" of any election contests or controversies by the safe harbor date.

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