and may demo any person whom the candidate designates attend and version the recount."60

Due to a directive issued by Secretary Blackwell, the recount does not automatically

require a hand count of every vote cast in the election.61 Each county board of elections

randomly takes a sample representing at least 3% of the votes cast and compares the machine

count to a hand count.62 If there is a discrepancy, the entire county must be hand counted.63 If

there is no discrepancy, the remainder of ballots may be recounted by machine.64

D.

Determination of Ohio's Electoral College Votes

Ohio and federal law intersect with regard to the issue of determining the extent to which

Ohio's electoral votes are counted towards the election of the president through the electoral

college. The 12th Amendment sets forth the requirements for casting electoral votes and counting

those votes in Congress. The electors are required to meet, cast and certify their ballots and

transmit them to the Vice President in his or her capacity as President of the Senate. In addition,

the Electoral Count Act requires that the results be transmitted to the secretary of state of each

state, the Archivist of the United States, and the federal judge in the district in which the electors

met.65 Upon receipt of the ballots at a time designated by statute, the "President of the Senate

shall, in the presence of the Senate and House of Representatives, open all the certificates and the

votes shall then be counted."66

Congress has specified that all controversies regarding the appointment of electors should

be resolved six days prior to the meeting of electors (on December 7, 2004, for purposes of this

year's presidential election) in order for a state's electors to be binding on Congress when

Congress meets on January 6, 2005, to declare the results of the 2004 election.67

Specifically, 3 U.S.C. § 5 provides, in pertinent part:

Id. § 3515.04.

Secretary of State J. Kenneth Blackwell, Directive to All County Boards of Elections

Directive No. 2004-58 (Dec. 7, 2004).

3 U.S.C. §11.

U.S. CO N S T . amend. XII.

3 U.S.C. § 5.

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