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Politics : PRESIDENT GEORGE W. BUSH
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To: MKTBUZZ who started this subject12/12/2000 3:14:14 PM
From: donjuan_demarco  Read Replies (5) of 769670
 
Re FSC inventing or changing the law ----

This is a frequent charge among republicans. I am sitting here with the Florida Statutes open to section 102.166 (Protest of election returns; procedure; venue).

Under section 102.166(7), the statute provides the directions for counting ballots where an election is challenged.

The statute provides that teams of at least two persons, preferably from different parties, shall examine the ballots to determine the voter's intent in casting the ballot.

If they cannot agree, then the county canvassing board shall determine the voter's intent.

Those are the only instructions supplied by the statute.

So how can someone possibly argue that the FSC was changing the law when all it did was order the counties to comply with this statute? If the FSC had invented some standards that do not exist under current state law, THEN it would have been legislating.

But merely requiring compliance with an existing statute does NOT constitute legislating.
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