ALEXANDRIA, VA·The
Virginia State Board of Elections may
have inflicted a bit of irreparable harm
to Obamas national campaign on
Tuesday, December 11, 2012 thirteen
electoral votes worth, to be
precise by intentionally
avoiding the latest of several
opportunities to resolve the complaint
brought by write-in candidate, Joseph A.
Glean.
At issue was the election Boards
improper assignment of victory (variously
rendered and attributed) to the
Democratic Party, the
Democratic Party electors, and
Democrat, Barack Obama.
Glean asserts that the Virginia State
Board of Elections is obligated, pursuant
to Virginia Code §§ 24.2-644B and
24.2-644C, to count and properly assign
these votes to the individual electors.
According to his complaint, the Board is
not lawfully permitted to assign victory
to any particular candidate,
or any particular party
designation, lest either be enabled
to boast victory ahead of the electoral
college vote.
The complaint further
contends that Virginia law explicitly
prohibits the premise and admissibility
of any claim attributed as such.
The complaint reads:
That is
why, in Virginia, it is improper
(and grossly misleading) for any
candidate or any political party
to claim a popular
vote victory in a presidential
election, because such claims are
plainly inadmissible under
Virginia law.
In
particular, Glean alleges that the
thirteen individual electors [cf.,
the thirteen individuals who, by
Gleans reckoning, won
Virginias general election on
Tuesday, November 6, 2012] are rightfully
and lawfully pledged to his
candidates, pursuant to Virginia Code §
24.2-644C.
As such, Glean claims his candidates are
qualified and rightfully entitled to
equal consideration at the
electoral college, when Virginias
thirteen electors convene on Monday,
December 17, 2012, in Richmond, Virginia.
In a statement released earlier this
week, Glean said:
The
Boards failure to render
its final determination is no
trivial matter.
The
procedures set forth under 3
U.S.C. § 5 were intended to
allow each State to settle its
controversies
in-house, without
having to inconclusively defer
them to Congress.
So far as
I am presently aware, the Board
has flatly refused to comply with
3 U.S.C. § 5, despite our
campaigns best efforts to
obtain an official ruling.
Because
Gleans dispute remains unresolved,
the Commonwealth of Virginia has
essentially lost assurance that its
thirteen electoral college votes will be
accepted and/or recognized under the
safe harbor provision, when
Congress meets on Sunday, January 6,
2013Friday,
January 4, 2013[rescheduled
under HJR 122], to count and
officially tally up the votes
from each State.
The thirty-five day window of safe
harbor expired
on Tuesday, December 11, 2012.
As consequence of the
Boards inaction, any claim of
safe harbor may be rendered
invalid. Congress is thereby
enabled (some might say
obligated) under Federal law
to declare Virginias entire
electoral vote count inadmissible, with
Congress now being rightfully entitled to
dismiss all thirteen of Virginias
electoral college votes, if it feels
adequately compelled to do so.
Gleans campaign is running Alan
Keyes (with running mate E.
W. Jackson) these
candidates are being run, by substitute
appointment, under the Glean/Herleikson
ticket.
The Library of
Virginia » Virginia
Memory » Out
of the Box:Notes
From The Archives
On 6
November 2012, Barack Obama and
Joe Biden were re-elected
President and Vice President of
the United States. Or were
they? As we all learned in
our high school government class,
the President and Vice President
are officially elected by the
Electoral College . . . READ
MORE
The National
Archives » Prologue:Pieces of History
If you
thought the Presidential election
was over and all the votes were
counted, youre wrong. The
formal election is Monday,
December 17, when electors meet
in their respective state
capitals to cast their votes for
President and Vice President.
Although the names . . . READ
MORE
Joseph
A. Glean,Acting
Campaign Manager: Speaking for the
choice
constructed by ordinary
citizens.