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Politics : Electoral College 2000 - Ahead of the Curve
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To: Ilaine who wrote (4811)12/5/2000 8:54:29 PM
From: Jeff Leader  Read Replies (1) of 6710
 
I don't see a way around it. I thought a good lawyer could find a way around anything. <g>

IMO there are several ways around it:

1) they can attempt to argue that the courts rewrote the law somehow and they (the legislature) merely seek to reinstate the lawful prior result

2) As I understand it, USC Title 3 Section 5 is merely a "safe harbor" meaning that if you follow these rules, the U.S. House/Senate must accept those electors. But per Section 15, this determination is NOT up to the courts but up to the U.S. House and Senate.

It is unlikely that the U.S. House will find that a court-imposed Gore slate of electors was chosen pursuant to section 5, and the Supreme Court may have given the House some basis (politically, at least) for such finding. It may be more difficult to assert that a Gore win on the basis of a Seminole/Martin decision was not compliant with Section 5, but I think the House could find a way.

In which case (from Section 15):
"But if the two Houses shall disagree in respect of the counting of such votes, then, and in that case, the votes of the electors whose appointment shall have been certified by the executive of the State, under the seal thereof, shall be counted." It's probably fair to assume Jeb would favor his brother.<g>
caselaw.lp.findlaw.com

3) The FL Legislature can assert Section 2:
"Whenever any State has held an election for the purpose of choosing electors, and has failed to make a choice on the day prescribed by law, the electors may be appointed on a subsequent day in such a manner as the legislature of such State may direct."

IMO, this is over. Bush has won. I just hope that Gore and/or the FL courts will spare us all the pain and not force the FL Legislature to hit the 'nuke' button.
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