Arguably the key sentence from the letter is this:
"According to Congressional intent and past precedent set by President Clinton, as of today, there is no apparent President-Elect."
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"Dear Administrator Murphy:
On November 9, 2020, Democratic House Members sent you a letter that misrepresented the facts surrounding your responsibilities under the Presidential Transition Act of 1963 (Act).[1] I write to correct the record.[2] However, this assistance can only occur after there are “apparent successful candidates for the office of the President and Vice President, respectively, as ascertained by the Administrator [you].”[3]
There are enough state contests in question, such that there is not yet an apparent President or Vice-President-Elect. Precedent and legislative history present three situations where there may be an un-apparent President-Elect:
