Roebear,
The meaning of "shall" and "may."
Every time the news shows have put up the exact words of the Florida statute which says, basically, that the Sec'y of State "shall" require the ballots by 7 days after the election and, further that the Sec'y of State "may" ignore ballots which come in later, I am astounded at the ignorance of almost everyone, including law professors, pundits and legislators, about what the statute HAS TO MEAN.
It is absolutely clear that the law is a 7 day limit. Thou shalt . . .
It is also absolutely clear that "may" cuts on two fronts. First, it gives the power, the discretion, the authority to ignore late counts to the Sec'y of State (not to the courts, not to the attorney general, not to the governor). Second, it makes it very clear to the candidates and the local canvassing boards that the penalty for not getting their damn votes in on time is that their votes MAY very well not count at all.
How can we understand this better? Think of it this way. You understand that the local law says the district attorney shall prosecute anyone caught in a vehicle with more than 5 ounces of a controlled substance for possession with intent to distribute, and shall seize such vehicle and impound it.
It's pretty clear what the district attorney is supposed to do. If a Democrat senator from Florida has a key in the backseat, the district attorney damn well better prosecute the senator. And impound the shiny, new Lincoln Navigator. It's what the law requires.
Now, the law also says, that in controlled substance distribution cases, the district attorney may keep such vehicle until a verdict is rendered or the case dismissed. Two things are clear: keeping the Lincoln is within the statutory power granted to the D.A., and Senator Smokehead is on full notice as to what might happen to his Lincoln.
That is the purpose of the second clause using "may." It delineates the power granted to the public official and puts the public on notice as to what the penalty will be.
Now imagine that the Florida Supreme Court, without even being asked, jumps into a situation where Senator Smokehead is sitting in a holding pen, requires him to be released immediately ("keep counting the ballots, stay the certification"), and issues an order that pending trial, the vehicle is to be returned to Senator Smokehead (hell, return the dope as well) because the district attorney ABUSED HIS DISCRETION in taking the car. After all, the statute said "may."
A unanimous decision from the Stupreme Court of Floriduh. More abuse for the Sunshine State.
This is the same age-old system of laws we use when we raise children. You find cigarettes in your junior high school kid's jacket and you warn him, first, if I ever find those again you will quit the basketball team and I will be forced to ground you for 6 weeks, and second I may take away your allowance for the rest of your secondary school existence. No mall, no nothing. Is that clear?
Shall and May. It's not brain surgery here. |
