I just posted this twice in comments on Dan Hrkman's diary on the Ohio election bill. This is an annoying thing to do, but I worry that in the sea of comments this important point may be lost. To wit: there have been challenges to the claims put forth in the diary. I address one of these. DHinMI and others have questioned whether or not the bill, HB 3, would eliminate federal challenges. I think I can
settle this issue. It does eliminate them.
I just found this testimony on HB 3 by Daniel Tokaji, assistant professor of law at Ohio State's Moritz College of Law. Follow the fold.
See page four of the pdf to find the following, boldface added:
The other provision
eliminates Ohio's contest for all federal elections, inclusing both presidential and congressional contests. Sub HB 3 provides that such contests "shall be conducted with the applicable provisions of federal law."
It is not clear what law this is referring to, as there is no analogous federal statute providing for contests. Perhaps "federal law" refers to the timetable for electoral ballot counting. Yet federal law contains no contest provision, but instead requires Congress to defer to the states, in cases where there's been a "final determination" of any election contests or controversies by the safe harbor date.
Case closed.