JMHO, but Federal law sets the 1st Tuesday in November as the date for the Presidential election. Although the registration, appearance of the ballot. method of voting (machine, paper, etc), are left to state law, the date of the election is not. I believe that the Supremacy Clause of the Constitution would deprive a state court of the authority to order an election (other than on the 1st Tuesday in Nov) for the office of President. Of course, the state court can validate or invalidate ballots, order recounts etc. However, the timing of the popular vote, the vote of the electoral college, and the certification by Congress is not subject to the whims of a state court.
Thus, IMHO, a re-vote in Florida is not a realistic option. |
