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To: Elmer who wrote (117786)	11/15/2000 3:55:28 AM
From: Amy J	Respond to of 186894

Elmer, According to the Florida Judge: "I disagree, however that the Secretary is required to ignore any late filed returns" Tuesday November 14 4:15 PM ET Recount Ruling Text By the Associated Press, Text of Tuesday's ruling by Leon County (Fla.) Circuit Judge Terry P. Lewis ... The Secretary of State takes the position that the law requires the County Canvassing Boards to certify and report the results of elections in their counties no later than 5:00 p.m. November 14, 2000, that there are no exceptions to this mandate, and that the Secretary is likewise required by law to ignore any untimely received returns unless the untimeliness is caused by a hurricane or other Act of God. I give great deference to the interpretation by the Secretary of the election laws, and I agree that the Canvassing Boards must file their returns by 5:00 p.m. today. I disagree, however that the Secretary is required to ignore any late filed returns absent an Act of God. There are several reasons for my conclusion. A reading of the entire election code suggests that legislative intent to balance the desire for accuracy with a desire for finality. By concentrating on the deadline imposed by section 102.112, Florida Statutes, the secretary has come down hard on the side of finality. This interpretation ignores, however, section 102.166 ----- The secretary of state may ignore such late-filed returns but may not do so arbitrarily ..... Amy J