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Politics : Electoral College 2000 - Ahead of the Curve -- Ignore unavailable to you. Want to Upgrade?


To: Joe NYC who wrote (1460)11/10/2000 2:57:44 AM
From: Raymond Duray  Read Replies (3) | Respond to of 6710
 
Hi Jozef,

Others are, I'm sure, more qualified to answer. But I believe that the House and Senate are only involved if there is no conclusive vote by the Electoral College. They will not be unable to provide the 270 votes necessary only if Florida is unresolved. I fully expect the Florida decision will become more obvious, though not resolved by Nov. 17, which is the conclusion of acceptance of overseas absentee ballots. Then the only county in dispute will be Palm Beach, which will be subject to one or several court proceedings. It's most likely, at least in my mind, that cases would be consolidated and presented in state court. There are others who feel that we may have simultaneous and contradictory court proceedings. Certain claims are being floated in several counties regarding Federal Voter's Rights Acts violations. Whether or not the Democrats would be using these as negotiating positions is not clear.

All that is clear to me now is that there is no suitable precedent in Florida case law to simply resolve this issue.

The Friday NYTimes has an article that addresses this. Without offering many answers:
nytimes.com

Selective quotes:
While Florida courts have the power to overturn elections and order new ones, they rarely do so, legal experts said yesterday, because of their reluctance to interfere in politics and a presumption that no election is ever without flaws.....

But the election law experts said there were no clear answers to the legal questions raised by the battle. In part, they said, because many elections face accusations of errors and improprieties and the courts have adopted a strong presumption that elections are valid to keep from becoming too deeply enmeshed in the political process.....

"Any judge is going to be reluctant because a declaration of a new election is a major step," said Jon L. Mills, the director of the Center for Governmental Responsibility and interim dean at the law school of the University of Florida. "But there is a statement often repeated by the courts that their mission is to interpret the election statute to express the will of the people."


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As far as I can tell, the people are pretty much of two wills. Should be an interesting thing to judge. Whatever is decided, I guarantee half satisfaction.

-Ray