Under the Electoral Count Act (ECA) of 1887, Congress has long vested each of the several states with the power to determine its own electors for the purposes of the Electoral College. Tuesday is the “Safe Harbor” deadline, which bars Congress from challenging any electors named by a state, as long as that state has chosen the electors in accordance with state law. Have a tip or story idea? It's called a safe harbor provision because it’s a kind of insurance policy by which a state can lock in its electoral votes by finishing up certification of the results and any state court legal challenges by a congressionally imposed deadline, which this year is Tuesday. The decision to accept a potential slate of electors can, under certain circumstances, rest with Congress. Under federal law, Congress must count the electoral votes from states that certify their presidential election results. . This safe harbor is available for taxpayers who seek to claim the section 199A deduction with respect to a "rental real estate enterprise." Solely for purposes of this safe harbor, a rental real estate enterprise is defined as an interest in real property held to generate rental or lease income. Safe harbor • Four years for a city that receives a court-ordered remedy • Exception if the city makes changes to election system that impacts remedy • Made a change under the federal VRA in the last decade? Similarly, a state might submit a slate of electors that one or the other candidate deems wrong. Tuesday marks the "safe harbor" date, a provision in federal law that requires states to resolve all election-related disputes before the Electoral College meets. Other than Wisconsin, every state appears to have met a deadline in federal law that essentially means … Safe harbor until after a redistricting change due to 2020 Census. Email us. In 2020, that deadline falls on Dec. 8. OLYMPIA – On Tuesday, January 19, the Washington state House of Representatives passed ‘Safe Harbor’ legislation (House Bill 1775) to better help child survivors of sex trafficking. Today, Tuesday, Dec. 8, is the federally-mandated day most states will certify their 2020 presidential election results under the so-called “safe harbor deadline” (“so-called” because none of those words actually appear in the statute itself). §5) allows states 35 days to resolve any disputes and certify their voting results to send the electors to the Electoral College to vote. The safe harbor deadline would normally pass without much notice, but it feels especially notable this year as Mr. Trump and his allies try to subvert the election process. One of the problems, noted by the Court, was that the mechanism for recounting differed wildly from county to county. Safe Harbor Election. Safe harbor day gives states an incentive to resolve any disputes about the winner “earlier rather than later,” said Justin Levitt, an election law scholar at Loyola Law School in Los Angeles. Elura is also a former civil prosecutor for NYC's Administration for Children's Services, the CEO of Lawyer Up, and the author of How To Talk To Your Lawyer and the Legalese-to-English series. The relevant provision of the ECA is contained at 3 U.S.C. “Most states will certify their election results by Dec. 8, which is their safe harbor deadline,” Eugene Mazo, the Visiting Associate Professor at the Louis D. Brandeis School of Law, recently told Law&Crime. There’s a federal statute that means December 8 will function as what’s known as the “safe harbor” deadline. The Gore campaign sued for the right to have a manual recount, and won in Florida state court. The reality is that an endless loop of lawsuits theoretically has potential to help Donald Trump secure reelection. It is the final date on which slates of electors must be chosen by states for submission to Congress. In a Medium post titled, “Americans … https://t.co/A4wOfyP0yx, — Ross Garber (@rossgarber) November 5, 2020. § 5) gives each state an opportunity to resolve disputes relating to the appointment of electors if a state has enacted a law before Election Daythat provides for a "final determination" of such disputes by "judicial or other methods or procedures," and such "determination" is made "at least six days before the time fixed for the meeting of electors." Under US law, Congress will consider a state's election result to be "conclusive" if … WASHINGTON (AP) — Happy Safe Harbor Day, America. The safe harbor provision played a prominent role in the Bush v. Gore case after the 2000 presidential election. “They have a lot of incentive to do this because under the law, at that point Congress can’t review their results. 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