8, “that slate ought to beat out any other slate in Congress,” says Edward Foley, an election law expert at Moritz College of Law at Ohio State University, even if any state legislature tries to send a competing slate of electors to vote for Trump. If a slate of electors is appointed in states by Dec. In fact, the safe harbor deadline could give more Republicans cover to buck Trump, rather than try and fight the election on his behalf. With a Democratic House, and a razor-thin Republican majority in the Senate, any objections are unlikely to be approved. The House and Senate would then break off for a debate before a majority vote on the objection. Objections to the slates must be written and signed by both a Senator and a member of the House of Representatives. (On Tuesday, Republican leadership on the Congressional inauguration planning committee blocked a resolution affirming Biden as the President-elect.) This gambit almost certainly won’t work, even though the majority of Congressional Republicans have refused to acknowledge Biden’s victory. ![]() This effort hinges on a long-shot idea that if these legislatures send a dueling slate of electors to Congress, Republicans there could try and confirm the slate that favors Trump when the chambers convene to finalize the election results on Jan. Supreme Court rejected a last ditch effort by Pennsylvania Republicans to stop the certification of Biden’s victory there. None of these tactics appear to have worked results have been certified in all of these states. He has called state leaders in Pennsylvania, Michigan, and Georgia, according to the Washington Post, and reportedly pressured the governor of Georgia to replace his state’s electors voting in favor of Biden. So far, Trump has personally intervened in three states to try to reverse his losses. As those lawsuits have failed, the campaign’s objective shifted to pressuring Republicans in legislatures of states that Biden won to appoint a slate of electors who would go against voters’ will and certify the results for Trump. This year it is attracting attention because Trump has refused to concede the election to Biden and his legal team has filed numerous lawsuits throughout the country based on unsupported claims of fraud or illegitimate ballots cast in the election. Wisconsin's 10 electoral votes are still expected to be cast for Biden on Monday he won the state by just over 20,000 votes.Typically, the safe harbor deadline passes without any fanfare. 14 this year) to cast their votes.Īnd if a state has finalized its results six days before then, according to the ECA, then those results qualify for "safe harbor" status - meaning Congress must treat them as the "conclusive" results, even if, for example, a state's legislature sends in a competing set of results.Įvery state except Wisconsin appears to have met the deadline, according to The Associated Press. Missed deferral opportunity: If an employee is not given the opportunity to elect and make elective deferrals to a safe harbor 401(k) plan that uses a rate of matching contributions to satisfy the safe harbor requirements of Internal Revenue Code Section 401(k)(12), then the employer must contribute 50 of the excluded employee’s missed deferral. The legislation is "extraordinarily complex" and "far from the model of statutory drafting," according to an analysis by the National Task Force on Election Crises, but it does create a clearer timeline for when states need to have their election results finalized.Įlectoral College electors are scheduled to meet in states across the country on the first Monday after the second Wednesday in December (Dec. Politics Wait, Wait, Don't Inaugurate: Why The U.S. The Tuesday deadline was put in place by a piece of 130-year-old legislation widely criticized as " almost unintelligible." The process is continuing, and what has been clear for a month is still clear: Joe Biden will be the next president. ![]() as another nail in the coffin," tweeted Rick Hasen, an election law expert at the University of California, Irvine. "Despite the media trying desperately to proclaim that the fight is over, we will continue to champion election integrity until legal vote is counted fairly and accurately," said attorneys Rudy Giuliani and Jenna Ellis.īut experts say Tuesday's deadline further limits what Trump's allies in Congress can do in terms of contesting the results. Unlike the other Pillar Two releases on Tax Certainty and the GloBE Information Return, the rules on safe harbours and penalty relief are not subject to a public consultation process. Trump's campaign team released a statement Tuesday attempting to downplay the deadline. safe harbours (and the possibility that they could still require considerable detail before the safe harbour kicks in) is a concern. Politics Trump's Legal Losses Come Fast And FuriousĬourt losses have continued to pile up for President Trump, and experts have already written off his ongoing crusade against the presidential election results as a disinformation campaign.
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