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To: DanD who wrote (87258)11/13/2000 9:51:29 PM
From: waverider  Respond to of 152472
 
politics again



To: DanD who wrote (87258)11/13/2000 10:14:44 PM
From: Lipko  Respond to of 152472
 
Dan - thanks for providing Section 102.112. It seems obvious that the matter is headed for Florida's highest court. I agree with the Secretary of State's statement that county returns must be filed by 5PM tomorrow. That is not discretionary. The seemingly precatory language - the "may" twice used in the last sentence of subdivision 1 appears confusing, but the combination of the mandatory language - the "shall" and the "must" in the first two sentences, combined with the dislike of courts to direct the Secretary of State to exercise permissible discretion (and without alternative action being available in that provision, I'm not sure there is any discretion), my bet now is on Bush. In the last few days, when things on the unlimited recount front and in Federal court (where the Democrats argued for the primacy of State law) they gloated in the recount deadlines running against the Republicans in most other counties. State law prohibited extension of the time to request those manual recounts. Now, State law appears to be going against the Democrats. What do you want to bet that this becomes a "Federal" question before 5PM tomorrow? I can't wait for pregnant chads to appear in Florida souvenier stands. John