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Constitutional Law
Resource 12 . 2
half an hour

Bush v. Gore

Seth J. Chandler

1. Here is part of Article II, section 2, clause 2 (emphasis added)

Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.

2. Here is a copy of 3 U.S.C. section 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.

Supreme Court of the United States
531 U.S. 98, 148 L. Ed. 2d 388, 121 S. Ct. 525, 2000 U.S. LEXIS 8430, SCDB 2000-009
No. 00-949
2000-12-12

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