Another Way To Elect The President: What Happens If It's Close In A State? (Part 3)
Oct 26, 2020
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Delve into the riveting history of close presidential elections as past events from 1796 to 2000 reveal critical lessons for today's democracy. Discover how Hawaii's contested votes in 1960 and the infamous Florida recount in 2000 shaped electoral processes. Reflect on the ethical dilemmas faced by electors and the pressure on Congress during disputes. The complexities of mail-in ballots and the need for transparent counting processes are emphasized, highlighting the necessity of informed public engagement in today's electoral landscape.
The podcast highlights historical examples of close elections, emphasizing the importance of state management in resolving electoral disputes effectively.
It advocates for reforms allowing comprehensive audits and recounts, promoting transparency to uphold electoral integrity during contentious elections.
Deep dives
Historical Context of Elections
The podcast delves into historically significant U.S. elections characterized by narrow results and the subsequent political processes to resolve disputes. It highlights the first contested presidential election in 1796, wherein partial returns led to a complex situation where the electoral slate was manipulated by the governor based on evolving vote counts. Pennsylvania's governor faced a dilemma in appointing electors when late returns favored a different candidate than initially believed. This underscores the recurring pattern of elections resulting in close counts that necessitate careful management of electoral processes.
The 1960 Election and Hawaii's Unique Challenge
In the 1960 presidential election, Hawaii emerged as a focal point due to its exceptionally close results between candidates Kennedy and Nixon, leading to a recount request from Kennedy. The acting governor certified Nixon's electors, yet a recount initiated close to the electoral vote day ultimately favored Kennedy. This situation exemplifies the potential for dual slates of electors, thereby creating a scenario in which both parties could claim victory during the critical period just prior to the official vote counting in Congress. Such historical nuances provide valuable insights into managing electoral legitimacy amid disputes in modern contexts.
Lessons from Bush v. Gore
The podcast further examines the contentious 2000 election, particularly focusing on the Supreme Court's ruling in Bush v. Gore, which involved halting a recount in Florida right before the safe harbor deadline. The decision stemmed from concerns over equal protection under the law, as the court concluded that further recounts could not be conducted within the time constraints. This situation starkly contrasts with Hawaii's approach in 1960, highlighting the differences in judicial responsiveness and procedural clarity that can significantly influence election outcomes. Ultimately, this raises questions about the need for reforms to provide clearer guidance on timelines and processes in tightly contested elections.
Towards a More Orderly Process
The discussion concludes with a proposal for an improved approach to managing recounts and electoral processes, suggesting that states should allow for comprehensive audits and recounts without the pressure of tight deadlines. By promoting transparency and allowing dual slates of electors when necessary, the integrity of elections can be upheld. The podcast advocates for public education on historical precedents, particularly Hawaii's example, to foster understanding of electoral complexity. Thus, facilitating a system in which the goal is to ensure the rightful winner is recognized even amid disputes, while challenging the notion of rogue electors undermining electoral integrity.
In this episode of our mini-series on presidential elections, we take a look at three examples of how states handled recounts in close elections. Are we in for a redo of Florida in 2000—or does Hawaii in 1960 provide a better example? A companion series of blog posts related to this episode can be found at http://takecareblog.com
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