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To: flatsville who wrote (36044)11/10/2000 7:52:23 AM
From: Ilaine  Read Replies (1) | Respond to of 436258
 
You're right that a challenge to the Florida election on the grounds that it violated Florida law would be heard in state court. However, the Constitution provides that the election of the President must be held on the Tuesday after the first Monday in November. If a state court orders another election that would conflict with the Constitution and would present a federal question.

caselaw.lp.findlaw.com

Then either the Constitution would control or there would be some kind of balancing test, weighing, I suppose, the rights of the people in Palm Beach, Florida, to have an unconfusing ballot against the rights of the rest of the country to have finality. Then again, Gore might win on the recount.