FLORIDA LEGISLATURE MULLS OPTIONS
TALLAHASSEE, Fla. (Nov. 22) - After suffering a major setback in the state Supreme Court, allies of George W. Bush are talking about the Florida Legislature getting into the picture of determining how Florida's votes go in the presidential election.
Florida lawmakers, most of whom are Republicans, were considering a special legislative session to potentially choose a new method of selecting the state's 25 electors if they are certified for Democrat Al Gore.
There are two primary ways to call a special session. The most likely is for the Senate president and House speaker - both Republicans - to jointly call one. Otherwise, Florida Gov. Jeb Bush, the candidate's brother, would have to step in and issue a proclamation.
Republicans hold a 77-43 majority in the House, and a 25-15 edge in the Senate.
A bill included in the special session call, such as to change Florida law on the method of choosing presidential electors, needs only a simple majority to pass. But to do it in a single day would require a vote of two-thirds of the members of each chamber to suspend the rules - 80 in the House and 27 in the Senate - slightly more votes than the GOP has on strict partisan terms.
If not passed in a single day, it could be passed in two days with a simple majority.
Former Secretary of State James Baker III, representing Bush's cause in Florida, fanned the flames after the court ruled hand counts in three Democratic counties could proceed despite a statute allowing the state's top elections official to halt votes one week after the election.
Gore figured to close on Bush's slim lead in the decisive state, and possibly overtake it.
''I would not be surprised to see the Legislature perhaps take some action to get back to the original statutory provisions,'' Baker said. He said the Bush camp wasn't asking for a special session yet, but he hinted such action was being considered.
An influential lawmaker concurred.
''Our power has been challenged, not just for this election,'' said Sen. Daniel Webster, the former speaker of the Florida House who now represents Orlando in the Senate. ''If they can make this arbitrary ruling on this statute, they can make it for anything. They have clearly gone beyond their power and by doing that have jeopardized all laws.''
In doing so, he said, ''it's up to the Legislature to determine a new way to determine electors, not the court.''
Some Democrats deplored such talk.
''It would be a travesty,'' said state Sen. Debbie Wasserman Schultz, D-Davie. ''It would be a smack in the face to Florida's citizens. If the Republican leadership has a problem with this decision, there is an appeals process and that process should be adhered to.''
The justices ruled unanimously that hand recounts could continue in the three Democratic-leaning counties and be added to the official state tally through Sunday or early Monday. Florida Secretary of State Katherine Harris, a Republican, had intended to certify a Bush victory last Saturday.
Webster said the Legislature, under powers given it by federal election law, could intervene and choose another method of selecting the state's 25 electors, presumably blocking a Gore slate if he won with the recounted votes.
Florida's Legislature convened Tuesday morning for an organizational session, then adjourned. In hindsight, Webster said the chamber shouldn't have adjourned. Because it did, a special session would be necessary, he said.
Palm Beach County Democratic state Sen. Ron Klein said it was his understanding that Democrats wouldn't be able to filibuster in a special session. He said he didn't know how his party would stop a move to throw out a Gore slate of electors.
State Republican Chairman Al Cardenas said, ''I don't rule out anything at this point. We're not going to have this election stolen by arbitrary, capricious and highly partisan canvassing boards and Democratic operatives.''
''They've overridden a prestigious and honorable circuit court judge and trampled all over the constitutional authority of the secretary of state all in one opinion,'' he said.
AP-NY-11-22-00 1033EST |
