Sec. 7. Certificates of appointment of electors
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/bill/117/hr/8873/eh/section-7A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 6 of title 3, United States Code, is amended to read as follows: Not later than December 14, the Governor of each State shall certify the appointment of the electors for the State in compliance with section 1 or, if applicable, section 2 of this title. The Governor of a State shall, immediately after certifying the appointment of electors for the State under paragraph (1)— transmit under the seal of such State the certificate of the appointment of electors under paragraph
(1)to the Archivist of the United States by the most expeditious method available and by secure electronic transmission; and make such certificate publicly available on the date of such transmission to the Archivist. The Governor of a State shall deliver to the electors of such State 6 duplicate-originals of the certificate described in paragraph
(2)under the seal of the State not later than the date specified in section 7 of this title. The Archivist of the United States shall— preserve any certificate received under subsection
(a)for 1 year as part of the public records of the office of the Archivist open to public inspection; and immediately transmit to the two Houses of Congress copies in full of each such certificate received by the most expeditious method available and by secure electronic transmission. Any candidate for President or Vice President who appears on the ballot in a State who is aggrieved by a violation of subsection
(a)with respect to such State, including by failing to certify the appointment of electors or because the certification does not accurately reflect the final election results of the State as modified by any recount or judicial or administrative proceeding conducted pursuant to State or Federal laws duly enacted prior to the day fixed by section 1 of this title, may file an action against the Governor for such declaratory, injunctive, or other appropriate relief in the district court of the United States for the judicial district in which the capital of the State is located to ensure the issuance and transmission of the certificate of appointment in compliance with the requirements of subsection (a), the Constitution of the United States, and any other Federal law. Such district court shall have original and exclusive jurisdiction of any such action and shall issue any appropriate relief, including, in appropriate cases, injunctive relief ordering the Governor of the State to issue, transmit, or revise the certificate of appointment of electors under subsection (a)(1), or other appropriate relief sufficient to ensure the transmission of the lawful certificate of appointment. If the Governor refuses to issue, transmit, or revise such certificate in compliance with the district court’s order, the court shall direct another official of the State to issue, transmit, or revise the certificate of appointment of electors under such subsection. Any candidate for President or Vice President who appears on the ballot in a State who is aggrieved by a violation of subsection
(b)with respect to the failure of the Archivist to transmit a certificate of appointment may file an action for such declaratory, injunctive, or other appropriate relief in the United States District Court for the District of Columbia, and such district court shall have original and exclusive jurisdiction of any such action, and shall issue any relief necessary to ensure the transmission of the certificate of appointment in compliance with the requirements of subsection (b). Any action described in this subsection shall be heard and determined by a court of 3 judges convened pursuant to section 2284 of title 28, United States Code, except that subsection (b)(2) of such section shall not apply to any such action, and any determination with respect to such an action shall be reviewable only by appeal directly to the Supreme Court of the United States. The court described in subparagraph
(A)shall issue any relief under this subsection as promptly as possible but in no case later than December 19 such that a final order of the court on remand of the Supreme Court of the United States may occur not later than December 22. In the joint session of Congress to count electoral votes pursuant to section 15 of this title, the certificate of appointment transmitted by the Governor of a State under subsection (a)(2), subject to any modification pursuant to a court order under subsection (c)(1), shall be accepted as conclusive with respect to the appointment of electors for such State, except that, in the case no such certificate is transmitted by the Governor of a State, or the certificate transmitted by the Governor does not comply with revisions ordered by the court pursuant to subsection (c)(1), the certificate of appointment for the State transmitted by another official of the State pursuant to a court order under subsection (c)(1) shall be accepted as conclusive with respect to the appointment of electors for such State. In the case that a certificate of appointment is subject to a final determination by a Federal and a State judicial proceeding, the certificate as modified by the final determination of the Federal judicial proceeding shall be accepted as conclusive with respect to the appointment of electors for such State to the extent that there is any inconsistency between such determinations. Nothing in this section may be construed to preempt any action conducted pursuant to State law duly enacted prior to the day fixed by section 1 of this title or affect the right of any person to bring an action under any other Federal law. . The table of sections of chapter 1 of such title is amended by amending the item relating to section 6 to read as follows: 6. Credentials of electors; transmission to Archivist of the United States and to Congress; enforcement; public inspection. .