A Journal about Electoral Tyranny, the dullness of mobs, and diminishing returns.

Friday, January 05, 2007

California via Alabama

Catch-up codes for electoral proceedure by state.



ALABAMA - 9 Electoral Votes
Party Pledge / State Law - § 17-19-2


Turning to the Alabama Electoral Code:

Section 17-19-2

Certification of names of candidates; nominating petitions; names of electors; statement of electors.

(a) When presidential electors are to be chosen, the Secretary of State of Alabama shall certify to the judges of probate of the several counties the names of all candidates for President and Vice-President who are nominated by any national convention or other like assembly of any political party or by written petition signed by at least 5,000 qualified voters of this state.

(b) The certificate of nomination by a political party convention must be signed by the presiding officer and secretary of the convention and by the chairman of the state executive or central committee of the political party making the nomination. Any nominating petition, to be valid, must contain the signatures as well as the addresses of the petitioners. Such certificates and petitions must be filed in the office of the Secretary of State no later than the 6th day of September next preceding the day fixed for the election.

(c) Each certificate of nomination and nominating petition must be accompanied by a list of the names and addresses of persons, who shall be qualified voters of this state, equal in number to the number of presidential electors to be chosen. Each person so listed shall execute the following statement which shall be attached to the certificate or petition when the same is filed with the Secretary of State: "I do hereby consent and do hereby agree to serve as elector for President and Vice-President of the United States, if elected to that position, and do hereby agree that, if so elected, I shall cast my ballot as such elector for _____ for President and _____ for Vice-President of the United States" (inserting in said blank spaces the respective names of the persons named as nominees for said respective offices in the certificate to which this statement is attached).

(Acts 1975, 3rd Ex. Sess., No. 138, p. 370, §2; Act 2003-311, p. 731, §1.)


Get the gist? In Alabama, the party with the mostest decides the vote for President, irregardless of popular count, in advance of the election by pledging the electors, who are chosen by parties, to a candidate.

We'll see this set-up again.

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ALASKA - 3 Electoral Votes
Party Pledge / State Law - § 15.30.040; 15.30.070


Sec. 15.30.010. Provision of selection of electors. Electors of President and Vice President of the United States are selected by election at the general election in presidential election years. (Sec. 6.01 ch 83 SLA 1960; am sec. 10 ch 71 SLA 1972)

Sec. 15.30.020. Number and manner of selecting candidates. Each political party shall select a number of candidates for electors of President and Vice-President of the United States equal to the number of senators and representatives to which the state is entitled in Congress. The candidates for electors shall be selected by the state party convention or in any other manner prescribed by the bylaws of the party. The chairperson and secretary of the state convention or any other party official designated by the party bylaws shall certify a list of the names of candidates for electors to the director on or before September 1 in presidential election years. (Sec 6.02 ch 83 SLA 1960; am sec. 143 ch 100 SLA 1980; am sec. 61 ch 82 SLA 2000)

Sec. 15.30.025. Qualifications for limited political parties. (a) A limited political party may be organized for the purpose of selecting candidates for electors of President and Vice President of the United States by filing with the director at least 90 days before a presidential general election a petition signed by qualified voters of the state equaling in number at least one percent of the number of voters who cast ballots for President at the last presidential election. The petition shall state that the signers intend to organize a limited political party, that they intend to select candidates for electors of President and Vice President of the United States at the next succeeding presidential election, and the name of the limited political party.

(b) A limited political party organized under this section may not assume a name which is so similar to an existing political party as to confuse or mislead the voters at an election. If the director determines that the name of the limited political party set out in a petition is confusing or misleading, the director may refuse to accept the petition for filing.

(c) A limited political party organized under this section ceases to be a limited political party if its presidential candidate fails to receive at least three percent of the number of voters who cast ballots for the office of President at a presidential election. (Sec. 1 ch 160 SLA 1970; am sec. 144 ch 100 SLA 1980; am secs. 28, 29 ch 85 SLA 1986)

Sec. 15.30.030. Qualification of electors. Any qualified voter except a United States senator or representative or person holding an office of trust or profit under the United States may be selected as a candidate for elector. (Sec. 6.03 ch 83 SLA 1960)

Sec. 15.30.040. Requirement of party pledge. The party shall require from each candidate for elector a pledge that as an elector the person will vote for the candidates nominated by the party of which the person is a candidate. (Sec. 6.04 ch 83 SLA 1960)

Sec. 15.30.050. Interpretation of votes cast for candidates for President and Vice President. In voting for presidential electors, a vote marked for the candidates for President and Vice President is considered and counted as a vote for the presidential electors of the party. (Sec 6.05 ch 83 SLA 1960)

Sec. 15.30.060. Notification of electors. When the results of the election of presidential electors have been determined, the director shall send a certificate of election to each elector and shall notify the electors of the time and place of their meeting and of their duties as electors. (Sec. 6.06 ch 83 SLA 1960; am sec. 145 ch 100 SLA 1980)

Sec. 15.30.070. Place and time of meeting. The electors shall meet at the office of the director or other place designated by the director at 11:00 o’clock in the morning on the first Monday after the second Wednesday in December following their election. If Congress fixes a different day for the meeting, the electors shall meet on the day designated by the Act of Congress. (Sec. 6.07 ch 83 SLA 1960; am sec. 146 ch 100 SLA 1980)

Sec. 15.30.080. Filling of vacancies. If there is a vacancy caused by death, failure to attend, ineligibility or other cause, and if available alternates have not been designated, the electors shall fill the vacancy by plurality vote. (Sec. 6.08 ch 83 SLA 1960; am sec. 25 ch 136 SLA 1966)

Sec. 15.30.090. Duties of electors. After any vacancies have been filled, the electors shall proceed to cast their votes for the candidates for the office of President and Vice President of the party which selected them as candidates for electors and shall perform the duties of electors as required by the constitution and laws of the United States. The director shall provide administrative services and the Department of Law shall provide legal services necessary for the electors to perform their duties. (Sec. 6.09 ch 83 SLA 1960; am sec. 147 ch 100 SLA 1980)

Sec. 15.30.100. Compensation of electors. Each elector is entitled to receive from the state treasury the same per diem and travel expenses allowed members of the legislature. (Sec. 6.10 ch 83 SLA 1960; sec. 25 ch 14 SLA 1987)


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ARIZONA - 10 Electoral Votes
ARKANSAS - 6 Electoral Votes


Not bound by State laws. Electors free to vote however they want, with no voter controls.

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CALIFORNIA - 55 Electoral Votes
State Law - § 6906

PDF d/l of proposed amendment

6900. The term "elector" or "presidential elector" as used in this
chapter means an elector of President and Vice President of the
United States, and not an elector as defined in Section 321.

6901. Whenever a political party, in accordance with Section 7100,
7300, 7578, or 7843, submits to the Secretary of State its certified
list of nominees for electors of President and Vice President of the
United States, the Secretary of State shall notify each candidate for
elector of his or her nomination by the party. The Secretary of
State shall cause the names of the candidates for President and Vice
President of the several political parties to be placed upon the
ballot for the ensuing general election.

6902. At the general election in each leap year, or at any other
time as may be prescribed by the laws of the United States, there
shall be chosen by the voters of the state as many electors of
President and Vice President of the United States as the state is
then entitled to.

6903. On or before the day of meeting of the electors, the Governor
shall deliver to the electors a list of the names of electors, and
he or she shall perform any other duties relating to presidential
electors which are required of him or her by the laws of the United
States.

6904. The electors chosen shall assemble at the State Capitol at 2
o'clock in the afternoon on the first Monday after the second
Wednesday in December next following their election.

6905. In case of the death or absence of any elector chosen, or if
the number of electors is deficient for any other reason, the
electors then present shall elect, from the citizens of the state, as
many persons as will supply the deficiency.

6906. The electors, when convened, if both candidates are alive,
shall vote by ballot for that person for President and that person
for Vice President of the United States, who are, respectively, the
candidates of the political party which they represent, one of whom,
at least, is not an inhabitant of this state.

6907. The electors shall name in their ballots the person voted for
as President, and in separate ballots the person voted for as Vice
President.

6908. The electors shall make separate lists of all persons voted
for as President and of all persons voted for as Vice President, and
of the number of votes for each, which lists they shall sign,
certify, seal, and transmit by mail to the seat of the Government of
the United States, directed to the President of the Senate.

6909. Each presidential elector shall receive ten dollars ($10) for
his or her services, and mileage at the rate of five cents ($0.05)
per mile for each mile of travel from his or her domicile to the
State Capitol and return.
Their accounts therefor shall be certified by the Secretary of
State, and audited by the Controller, who shall draw his or her
warrants for the same on the Treasurer, payable out of the General
Fund.



The home state of Reagan, Nixon, Manson, and yours truly certainly knows how to add verbage to law. The Twinkie Defense™ won't help you here, though - you can chose your elector, but not control thier vote. Electoral choices are given voters by party, and districts are gerrymandered accordingly.

See the pattern?


Functional Instructitainmentismae
code:

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Wednesday, January 03, 2007

In Music One Starts With Doe, Rae, Mee

Given: Pretty much all US citizens at least espouse the desire to live in a democracy.
Given: de-mo-cra-cy - n - Greek demos people (more at ?) + kratia from krato (verb) prevail; descibes a system of government, generally taken to mean "rule by the people".
Given: The US Constitution, Provisions for he Electoral College,
as recorded and presented by the good folks at the National Archives.
(no need for 8 hours of classes for this simple legal gosub)

Ergo: Begotten was the
US CODE, Chpt 1, to further obfuscate.

"Time of appointing electors

§ 1. The electors of President and Vice President shall be appointed, in each State, on the Tuesday next after the first Monday in November, in every fourth year succeeding every election of a President and Vice President.

Failure to make choice on prescribed day

§ 2. Whenever any State has held an election for the purpose of choosing electors, and has failed to make a choice on the day prescribed by law, the electors may be appointed on a subsequent day in such a manner as the legislature of such State may direct.

Number of electors

§ 3. The number of electors shall be equal to the number of Senators and Representatives to which the several States are by law entitled at the time when the President and Vice President to be chosen come into office; except, that where no apportionment of Representatives has been made after any enumeration, at the time of choosing electors, the number of electors shall be according to the then existing apportionment of Senators and Representatives.

Vacancies in electoral college

§ 4. Each State may, by law, provide for the filling of any vacancies which may occur in its college of electors when such college meets to give its electoral vote.

Determination of controversy as to appointment of electors

§ 5. If any State shall have provided, by laws enacted prior to the day fixed for the appointment of the electors, for its final determination of any controversy or contest concerning the appointment of all or any of the electors of such State, by judicial or other methods or procedures, and such determination shall have been made at least six days before the time fixed for the meeting of the electors, such determination made pursuant to such law so existing on said day, and made at least six days prior to said time of meeting of the electors, shall be conclusive, and shall govern in the counting of the electoral votes as provided in the Constitution, and as hereinafter regulated, so far as the ascertainment of the electors appointed by such State is concerned."



OK...Back to the top.

Time of appointing electors

§ 1. The electors of President and Vice President shall be appointed, in each State, on the Tuesday next after the first Monday in November, in every fourth year succeeding every election of a President and Vice President.


Catch that?

Now, your state is left to it's own devices in the only defferment to states' rights we all need the Federal Government NOT to make.
No Legal Requirement
Electors in these States are not bound by State Law to cast their vote for a specific candidate:
ARIZONA - 10 Electoral Votes
ARKANSAS - 6 Electoral Votes
DELAWARE - 3 Electoral Votes
GEORGIA - 15 Electoral Votes
IDAHO - 4 Electoral Votes
ILLINOIS - 21 Electoral Votes
INDIANA - 11 Electoral Votes
IOWA - 7 Electoral Votes
KANSAS - 6 Electoral Votes
KENTUCKY - 8 Electoral Votes
LOUISIANA - 9 Electoral Votes
MINNESOTA - 10 Electoral Votes

MISSOURI - 11 Electoral Votes
NEW HAMPSHIRE - 4 Electoral Votes
NEW JERSEY - 15 Electoral Votes
NEW YORK - 31 Electoral Votes
NORTH DAKOTA - 3 Electoral Votes
PENNSYLVANIA - 21 Electoral Votes
RHODE ISLAND - 4 Electoral Votes
SOUTH DAKOTA - 3 Electoral Votes
TENNESSEE - 11 Electoral Votes
TEXAS - 34 Electoral Votes
UTAH - 5 Electoral Votes
WEST VIRGINIA - 5 Electoral Votes



Right here we have a little issue.


These guys can vote however they want in the above states.

Here's another:

Legal Requirements or Pledges
Electors in these States are bound by State Law or by pledges to cast their vote for a specific candidate:

ALABAMA - 9 Electoral Votes
Party Pledge / State Law - § 17-19-2
ALASKA - 3 Electoral Votes
Party Pledge / State Law - § 15.30.040; 15.30.070
CALIFORNIA - 55 Electoral Votes
State Law - § 6906
COLORADO - 9 Electoral Votes
State Law - § 1-4-304
CONNECTICUT - 7 Electoral Votes
State Law § 9-175
DISTRICT OF COLUMBIA - 3 Electoral Votes
DC Pledge / DC Law - § 1-1312(g)
FLORIDA - 27 Electoral Votes
Party Pledge / State Law - § 103.021(1)
HAWAII - 4 Electoral Votes
State Law - §§ 14-26 to 14-28
MAINE - 4 Electoral Votes
State Law - § 805
MARYLAND - 10 Electoral Votes
State Law - § 20-4
MASSACHUSETTS - 12 Electoral Votes
Party Pledge / State Law - Ch. 53, § 8, Supp.
MICHIGAN - 17 Electoral Votes
State Law - §168.47 (Violation cancels vote and elector is replaced).
MISSISSIPPI - 6 Electoral Votes
Party Pledge / State Law - §23-15-785(3)
MONTANA - 3 Electoral Votes
State Law - §13-25-104
NEBRASKA - 5 Electoral Votes
State Law - § 32-714
NEVADA - 5 Electoral Votes
State Law - § 298.050
NEW MEXICO - 5 Electoral Votes
State Law - § 1-15-5 to 1-15-9 (Violation is a fourth degree felony.)
NORTH CAROLINA - 15 Electoral Votes
State Law - § 163-212 (Violation cancels vote; elector is replaced and is subject to $500 fine.)
OHIO - 20 Electoral Votes
State Law - § 3505.40
OKLAHOMA - 7 Electoral Votes
State Pledge / State Law - 26, §§ 10-102; 10-109 (Violation of oath is a misdemeanor, carrying a fine of up to $1000.)
OREGON - 7 Electoral Votes
State Pledge / State Law - § 248.355
SOUTH CAROLINA - 8 Electoral Votes
State Pledge / State Law - § 7-19-80 (Replacement and criminal sanctions for violation.)
VERMONT - 3 Electoral Votes
State Law - title 17, § 2732
* VIRGINIA - 13 Electoral Votes
State Law - § 24.1-162 (Virginia statute may be advisory - "Shall be expected" to vote for nominees.)
WASHINGTON - 11 Electoral Votes
Party Pledge / State Law - §§ 29.71.020, 29.71.040, Supp. ($1000 fine.)
WISCONSIN - 10 Electoral Votes
State Law - § 7.75
WYOMING - 3 Electoral Votes
State Law - §§ 22-19-106; 22-19-108

Again from the NARA Files. I encourage all to go to our national government's official record keepers' wesite at the above link. Just clicking through the helpful links will give a very clear illustration of what's going on here.


This is what i mean by "The Grouse." It's a snipe hunt, a BIG LIE that is so blatantly contrived that it lives through scrutiny by virtue of it's apparently phantom specifics.

Here's the rub though; you'll note the state laws quoted. I'm serious when i say good folks work at National Archives; when i was doing my six-hard at the SJPL MLK Main Library i had a couple pleasant occassions to deal with NARA folks, and they're cool for kids. They don't have to reference the state laws that detail the states' proceedures, but they do. They WANT someone to look into this.

So for you true heroes at the archives, who are soon to be deluged with task of making availiable this year's declassified documents, i will endevour to disclose here the electoral proceedures of each of these Unites States.

Unless i get distracted by the UAPs (aka, UFOs).


The Constitutionalist's Warroom
Direct Democracy Now, America!™

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Tuesday, January 02, 2007

I can't hear Annie...

because I can't stop the background music...

It makes me sad, sort of, I own the movie so I suppose I could pop it in the VCR and try to find the snippet that is playing muffled in the background...

Naw, then I'd have to leave my desk...

Oh well...