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Gold/Mining/Energy : Gold Price Monitor
GDXJ 101.44+3.5%Nov 12 4:00 PM EST
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To: Rarebird who wrote (60806)11/10/2000 2:42:21 PM
From: long-gone  Read Replies (3) of 116758
 
<<When you have an Presidential election that was this close and over 19K were not able to vote for the candidate of their choice because of the confusing(and possibly illegal) way in which the ballot was configured in Palm Beach County, >>
November 10, 2000

Existing laws block ordering new vote
By Frank J. Murray
THE WASHINGTON TIMES

Florida case-law bars state courts from ordering a new election on grounds a ballot was confusing, and federal election law could sidetrack any attempt to change that.
The Constitution assumes a voter's "ability to read and his intelligence to indicate his choice with the degree of care commensurate with the solemnity of the occasion," says a 1974 ruling by a District Court of Appeals. That ruling in a similar case of ballot confusion stands today as the precedent in such cases.
Even if state courts reinterpreted the law and ordered a new election, that result would seem to conflict with federal statutes.
Federal law (3 USC Sect. 1) says electors "shall be appointed, in each state, on the Tuesday next after the first Monday in November."
On Dec. 2, 1997, in the Louisiana case of Foster vs. Love, the Supreme Court ruled that all federal elections must be held on that one national Election Day.
"You would think there would be a fairly strong argument under Foster vs. Love that you can't hold part of the presidential election any other day. That would suggest that you can't have another election," said a Washington lawyer with a Supreme Court practice who asked not to be identified.
(cont)
washtimes.com
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